Medcalf v Crimeguard International Security Systems Sydney Pty Limited [2011] FCA 963

FEDERAL COURT OF AUSTRALIA

Medcalf v Crimeguard International Security Systems Sydney Pty Limited [2011] FCA 963 Citation: Medcalf v Crimeguard International Security Systems Sydney Pty Limited [2011] FCA 963

Appeal from: Crimeguard International Security Systems Sydney Pty Ltd v Medcalf & Ors [2011] FMCA 258

Parties: JOHN LAWRENCE MEDCALF, LESLIE FORSYTH STOTT and GEORGE PATROUNGAS v CRIMEGUARD INTERNATIONAL SECURITY SYSTEMS SYDNEY PTY LIMITED

File number: NSD 1114 of 2011

Judge: ROBERTSON J

Date of judgment: 24 August 2011

Catchwords: BANKRUPTCY – appeal from sequestration orders – whether debt claimed in bankruptcy notice was overstated because of payment by appellants to respondent – deed of settlement of District Court proceedings to enforce an earlier deed – additional payment made by appellants to respondent for further time to pay – whether payment made pursuant to deed where made after judgment entered – merger – whether payment in reduction of judgment debt –– whether payment reduced statutory interest on judgment – Held: payment not made in reduction of judgment debt or statutory interest on judgment

Legislation: Bankruptcy Act 1966 (Cth) s 41(5) Civil Procedure Act 2005 (NSW) ss 101, 136 Trade Practices Act 1974 (Cth)

Cases cited: Branir Pty Ltd v Owston Nominees (No. 2) Pty Ltd (2001) 117 FCR 424 applied Callisher v Bischoffsheim (1870) LR 5 QB 449 applied Ex parte Fewings; in re Sneyd (1883) 25 Ch D 338 distinguished Foakes v Beer (1884) 9 App Cas 605 applied Hungerfords v Walker (1989) 171 CLR 125 cited Spies v Commonwealth Bank of Australia (1991) 24 NSWLR 691 cited Taylor v Johnson (1983) 151 CLR 422 referred to Walsh v Deputy Commissioner of Taxation (1984) 156 CLR 337 applied