George Tzovaras v Nufeno Pty Limited [2003] FCA 1152

FEDERAL COURT OF AUSTRALIA

George Tzovaras v Nufeno Pty Limited

[2003] FCA 1152 BANKRUPTCY – counter-claim filed in the District Court which had no jurisdiction to hear the counter-claim – whether counter claim could not have been set up in the action or proceeding in which the judgment or order was obtained WORDS AND PHRASES – proceeding, proceedings Bankruptcy Act 1966 (Cth), ss 40(1)(g), 41(7) District Court Act 1973 (NSW), ss 134, 145 Supreme Court Rules (NSW), Pt 74 r 2 KBRV Resort Operations Pty Limited t/a Kingfisher Bay Resort and Village v Chilcott (2001) 51 NSWLR 516 applied Rawlinson v Oliver [1995] 3 NZLR 62 referred to Re Brink; Ex parte The Commercial Banking Company of Sydney Ltd (1980) 44 FLR 135 applied Re Hodby; Ex parte Kenny (1986) 12 FCR 134 referred to Re Ling; Ex parte Ling v Commonwealth of Australia (1995) 58 FCR 129 applied Re Racheha; Ex parte Antonios (1980) 49 FLR 423 applied Re Scott; Ex parte Scott v Beneficial Finance Corporation Limited (1994) 53 FCR 324 referred to Re Willats; Ex parte Nissan Finance Corporation Limited (1991) 31 FCR 206 referred to Smart v Esanda Finance Corp Ltd (2000) FCA 235 referred to GEORGE TZOVARAS v NUFENO PTY LIMITED N7234 of 2003 JACOBSON J 23 OCTOBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7234 of 2003

BETWEEN: GEORGE TZOVARAS

APPLICANT

AND: NUFENO PTY LIMITED

ACN 002 523 248

RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 23 OCTOBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Application be dismissed. 2. The Applicant pay the Respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7234 of 2003