Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Williamson (Trustee) v Rumsley, in the matter of Clifford (a Bankrupt) (No 2) [2015] FCA 1246 Citation: Williamson (Trustee) v Rumsley, in the matter of Clifford (a Bankrupt) (No 2) [2015] FCA 1246
Parties: CHRISTOPHER MICHAEL WILLIAMSON AND DAVID ASHLEY NORMAN HURT AS THE TRUSTEES IN BANKRUPTCY OF THE BANKRUPT ESTATE OF PHILIP GEORGE CLIFFORD v ALAN PHILLIP RUMSLEY and VEGAS ENTERPRISES PTY LTD
File number: WAD 17 of 2015
Judge: GILMOUR J
Date of judgment: 17 November 2015
Catchwords: BANKRUPTCY – declaration sought pursuant to s 30 of the Bankruptcy Act 1966 (Cth) – whether the applicants can set-off the amount claimed in the proof of debt submitted by the second respondent with the value of the costs order assigned to the first respondent COSTS – availability of equitable set-off – Court's inherent jurisdiction to set-off costs orders – whether applicants can exercise right of set-off – effect of assignment of costs order under s 20 of the Property Law Act 1969 (WA).
Legislation: Bankruptcy Act 1996 (Cth) ss 30, 120 Property Law Act 1969 (WA) s 20
Cases cited: Australian Beverage Distributors Pty Ltd v Evans & Tate Premium Wines Pty Ltd (2006) 230 ALR 184 Corke v Corke (1994) 48 FCR 359 Hall v Moloney (2013) 264 FLR 299 Official Trustee in Bankruptcy v Turner (1999) 94 FCR 512
Date of hearing: 11 June 2015
Place: Perth
Division: GENERAL DIVISION
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