Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Croker v Commonwealth of Australia; In the Matter of Croker [2010] FCA 1031 Citation: Croker v Commonwealth of Australia; In the Matter of Croker [2010] FCA 1031
Parties: CLAYTON ROBERT CROKER v COMMONWEALTH OF AUSTRALIA; IN THE MATTER OF CLAYTON ROBERT CROKER
File number: NSD 911 of 2010
Judge: FOSTER J
Date of judgment: 22 September 2010
Catchwords: BANKRUPTCY – application to set aside Bankruptcy Notice on the ground that the debtor has a counter-claim, set-off or cross demand equal to or greater than the amount claimed in Bankruptcy Notice and on other technical grounds – no evidence of any counter-claim, set-off or cross demand – alleged irregularities in Notice not made out – application refused
Legislation: Bankruptcy Act 1966 (Cth) ss 40(1)(g), 41(1)(b), 41(2), 41(3)(a) and 41(7) Judiciary Act 1903 (Cth) ss 55ZF(1), 55ZG(2), 55ZG(3) Federal Court (Bankruptcy) Rules 2005 r 3.02
Cases cited: Croker v Commonwealth of Australia [2008] FCA 452 related Capsanis v Owners—Strata Plan 11727 [2000] FCA 1262 followed Glew v Harrowell (2003) 198 ALR 331 applied Re Mullavey; Ex parte Australia and New Zealand Banking Group Limited (1977) 32 FLR 1 followed Re Wong; Ex parte Kitson (1979) 38 FLR 207 followed
Date of hearing: On the papers
Date of last submissions: 30 August 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 29
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