Cirillo v Consolidated Press Property Pty Ltd (formerly known as Citicorp Australia Limited) [2007] FCA 139

FEDERAL COURT OF AUSTRALIA

Cirillo v Consolidated Press Property Pty Ltd (formerly known as Citicorp Australia Limited) [2007] FCA 139 BANKRUPTCY – proceedings to set aside bankruptcy notice under s 41(7) of the Bankruptcy Act 1966 (Cth) – notice founded on consent orders for costs – alleged set-off or counter-claim summarily dismissed in parallel proceedings – fresh set-off or counter-claim proposed – need first to have consent order for costs set aside BANKRUPTCY – assertion of counter-claim or set-off unsupported by evidence – assertion that cross claim or set-off is equal to or exceeds the amount of the judgment debt unsupported by evidence Trade Practices Act 1974 (Cth) s 52 Federal Court of Australia Act 1976 (Cth) s 31A Bankruptcy Act 1966 (Cth) s 40(1)(g), s 41(6A), s 41(6C), s 41(7) Law of Property Act 1936 (SA) s 15

Cirillo v Consolidated Press Property Pty Ltd (formerly known as Citicorp Australia Limited) [2007] FCA 60 referred to Guss v Johnstone (2000) 171 ALR 598 cited Patone v Asteron Ltd (formerly Royal and Sun Alliance Financial Services Limited) (ACN 001 698 228) [2004] FCA 232 cited VINCENZO GIOVANNI CIRILLO v CONSOLIDATED PRESS PROPERTY PTY LTD (FORMERLY KNOWN AS CITICORP AUSTRALIA LIMITED), C.W. CONSTRUCTION PTY LTD (RECEIVERS & MANAGERS APPOINTED) (IN LIQUIDATION), JOHN HAROLD HEARD AND STEPHEN ELLIOT YOUNG No SAD 275 of 2006

FINN J

16 FEBRUARY 2007

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 275 OF 2006

BETWEEN: VINCENZO GIOVANNI CIRILLO

Applicant

AND: CONSOLIDATED PRESS PROPERTY PTY LTD (FORMERLY KNOWN AS CITICORP AUSTRALIA LIMITED)

First Respondent

C.W. CONSTRUCTION PTY LTD (RECEIVERS & MANAGERS APPOINTED) (IN LIQUIDATION)

Second Respondent

JOHN HAROLD HEARD

Third Respondent