Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carriage v Stocklands Developers Pty Ltd, in the matter of Carriage [2004] FCA 930 IN THE MATTER OF ALAN RICHARD CARRIAGE ALAN RICHARD CARRIAGE v STOCKLANDS DEVELOPERS PTY LTD N530 of 2004 MADGWICK J 29 JUNE 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N530 of 2004
IN THE MATTER OF ALAN RICHARD CARRIAGE
BETWEEN: ALAN RICHARD CARRIAGE
APPLICANT
AND: STOCKLANDS DEVELOPERS PTY LTD
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 29 JUNE 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application to set aside the bankruptcy notice is dismissed. 2. The applicant debtor is to pay the respondent's costs of the application including reserved 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 N530 of 2004
IN THE MATTER OF ALAN RICHARD CARRIAGE
BETWEEN: ALAN RICHARD CARRIAGE
APPLICANT
AND: STOCKLANDS DEVELOPERS PTY LTD
RESPONDENT
JUDGE: MADGWICK J
DATE: 29 JUNE 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT HIS HONOUR: 1 This is an application to set aside a Bankruptcy Notice pursuant to s 40(1)(g) of the Bankruptcy Act 1966 (Cth) ('the Act'). That well known statutory provision implies that the Court may set aside a bankruptcy notice if a debtor satisfies the Court that he or she has a counter-claim set-off or cross demand equal to or exceeding the amount of the judgment debt or sum payable under the final order upon which the bankruptcy notice has been founded, if the debtor could not have set up the counter-claim set-off or cross demand in the action or proceeding in which the judgment or order was obtained. 2 In this case the Bankruptcy Notice is founded on a judgment in the sum of $5,431, obtained in the Local Court of New South Wales on 19 September 2003. In his first affidavit of 15 April 2004 the debtor alleged that: 'There are interlocutory matters [in a proceeding in the New South Wales Land and Environment Court] where costs are reserved which amount and exceed the money claimed in the Bankruptcy Notice.'
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate