Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Palaniappan v Westpac Banking Corporation [2016] FCA 1494 File number: WAD 55 of 2015
Judge: BARKER J
Date of judgment: 2 December 2016
Catchwords: BANKRUPTCY AND INSOLVENCY – application to set aside bankruptcy notice under s 40(1)(g) of the Bankruptcy Act 1966 (Cth) – whether debtor had a cross demand equal to or exceeding amount of judgment debt – whether debtor could not have set up cross demand in proceeding in which judgment debt obtained
Legislation: Bankruptcy Act 1966 (Cth) s 40(1), 40(1)(g) Federal Court (Bankruptcy) Rules 2005 (Cth) Rules of the Supreme Court 1971 (WA) O 14, r 3(2)
Cases cited: Jensen v Queensland Law Society Incorporated [2004] FCA 1630 Palaniappan v Westpac Banking Corporation [2016] WASCA 72 Re Brink; Ex parte Commercial Banking Co of Sydney Ltd (1980) 30 ALR 433 Re Stokvis (1934) 7 ABC 53 Van Leeuwen v Bank of Western Australia Ltd [2001] FCA 1826 Walton v National Mutual Life Association of Australasia Limited (1994) 49 FCR 406; [1994] FCA 314
Date of hearing: 2 December 2016
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 34
Counsel for the Applicant: Mr S Penglis
Solicitor for the Applicant: Bennett + Co
Counsel for the Respondent: Mr SK Dharmananda SC with Mr AJ Papamatheos
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