Dekkan v Evans [2008] FCA 1004

FEDERAL COURT OF AUSTRALIA

Dekkan v Evans [2008] FCA 1004 BANKRUPTCY – application to set aside a bankruptcy notice – applicant claimed to have a set-off, counter-claim or cross demand against former solicitors for professional negligence – no prima facie case or fair chance of success – application dismissed Bankruptcy Act 1966 (Cth) s 40(1)(g) Brink, Re; Ex parte Commercial Banking Co of Sydney Ltd (1980) 30 ALR 433 applied Dekkan v Picciau [2008] NSWCA 18 referred to Glew, Re; Glew v Harrowell of Hunt & Hunt Lawyers (2003) 198 ALR 331 applied Makhoul v Barnes (1995) 60 FCR 572 referred to Wren v Mahony (1972) 126 CLR 212 referred to BASSAM DEKKAN v VIVIAN EVANS & JOSEPH ANTOUN PRACTISING AS UTHER WEBSTER & EVANS, VIVIAN EVANS AND ZOE RAMSAY NSD 266 OF 2008

JACOBSON J

3 JULY 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 266of 2008

BETWEEN: BASSAM DEKKAN

Applicant

AND: VIVIAN EVANS & JOSEPH ANTOUN

PRACTISING AS

UTHER WEBSTER & EVANS

First Respondent

VIVIAN EVANS

Second Respondent

ZOE RAMSAY

Third Respondent

JUDGE: JACOBSON J

DATE OF ORDER: 3 JULY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application to set aside the bankruptcy notice be dismissed. 2. The applicant to pay the costs of the respondents. 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 NSD 266 of 2008

BETWEEN: BASSAM DEKKAN

Applicant

AND: VIVIAN EVANS & JOSEPH ANTOUN

PRACTISING AS

UTHER WEBSTER & EVANS

First Respondent