Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Romeo v Wesley College [2016] FCA 240 Appeal from: Romeo v Wesley College [2015] FCCA 3098
File number: WAD 718 of 2015
Judge: BARKER J
Date of judgment: 11 March 2016
Catchwords: BANKRUPTCY AND INSOLVENCY – application to set aside bankruptcy notice under s 40(1)(g) of the Bankruptcy Act 1966 (Cth) dismissed by Federal Circuit Court – appeal from Federal Circuit Court – whether counter-claim equal to or exceeding amount of judgment debt – whether counter-claim could have been set up in proceeding in which judgment obtained – whether requirement to respond to questions or failure to adjourn procedurally fair – appeal dismissed
Legislation: Bankruptcy Act 1966 (Cth) s 40(1)(g) Federal Circuit Court (Bankruptcy) Rules 2006 (Cth) R 3.02, R 3.02(2)(a), R 3.02(2)(b), R 3.02(2)(c)
Cases cited: Nath v Clipway Pty Ltd [1999] FCA 625 Re Glew; Glew v Harrowell of Hunt & Hunt Lawyers (2003) 198 ALR 331; [2003] FCA 373 Romeo v Wesley College [2014] WADC 152 Romeo v Wesley College [2015] FCCA 3098
Date of hearing: 23 February 2016
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 73
Counsel for the Appellant: The Appellant appeared in person
Counsel for the Respondent: Ms C Rab
Solicitor for the Respondent: Mossensons
ORDERS WAD 718 of 2015
BETWEEN: JIM VINCENT ROMEO Appellant
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