Franks v Warringah Council, in the matter of Franks [2003] FCA 1047

FEDERAL COURT OF AUSTRALIA

Franks v Warringah Council, in the matter of Franks [2003] FCA 1047 BANKRUPTCY – application to set aside bankruptcy notices – whether bankruptcy notices are defective because they are not founded upon a final judgment or order as required under the Bankruptcy Act 1966 (Cth) - whether unquantified costs order of the New South Wales Land and Environment Court together with a certificate issued under s 208J of the Legal Profession Act 1987 (NSW) is a final judgment or order – whether it is possible to have two final judgments in respect of the one debt.

Bankruptcy Act 1966 (Cth) ss 40, 41, 306 Land and Environment Court Act 1979 (NSW) s 69 Legal Profession Act 1987 (NSW) ss 208F, 208J, 208K Supreme Court Rules 1970 (NSW) Part 44 r 7(1)

Abigroup Limited v Abignano (1992) 39 FCR 74 cited Australian Steel Company (Operations) Pty Ltd v Lewis (2000) 109 FCR 33 cited Commonwealth Bank of Australia v Horvath (Junior) (1999) 161 ALR 441 considered Croker v Commissioner of Taxation (2003) 52 ATR 226 cited Economic Life Assurance Society v Usborne [1902] AC 147 cited In re A Debtor; Ex parte The Debtor v Scott [1954] 1 WLR 1190 considered In re Cartwright; Ex parte Cartwright v Barker [1975] 1 WLR 573 considered Kerin v Deputy Commissioner of Taxation (2001) ATR 423 considered Minister Administering the Environmental Planning and Assessment Act 1979 v Carson (1994) 35 NSWLR 342 cited Re Pannowitz; Ex parte Wilson (1975) 38 FLR 184 cited Stec v Orfanos [1999] FCA 457 (FC) considered Wilmot v Buckley (1984) 2 FCR 540 referred to PHILLIP MAURICE FRANKS v WARRINGAH COUNCIL IN THE MATTER OF PHILLIP MAURICE FRANKS N 7022 of 2003 N 7023 of 2003 N 7024 of 2003 BRANSON J 2 OCTOBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7022 of 2003