Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Duarte v Coshott, in the matter of Duarte [2017] FCA 1238 File number: NSD 569 of 2017
Judge: BROMWICH J
Date of judgment: 20 October 2017
Catchwords: BANKRUPTCY AND INSOLVENCY – application to set aside a bankruptcy notice – whether valid debt at time of issue – whether amount in bankruptcy notice overstated by reason of payments made by debtor – held: application granted
Legislation: Acts Interpretation Act 1901 (Cth), s 36(2)(b) Bankruptcy Act 1966 (Cth), ss 30, 41, 306 Evidence Act 1995 (Cth), s 160(1) Civil Procedure Act 2005 (NSW), s 101(6) Uniform Civil Procedure Rules 2005 (NSW), r 36.7
Cases cited: Adams v Lambert [2006] HCA 10; 228 CLR 409 Kyriackou v Shield Mercantile Pty Ltd [2004] FCA 490; 138 FCR 324 Nugawela v Deputy Commissioner of Taxation [2016] FCAFC 164 Re Walsh (1982) 65 FLR 87 Seovic Civil Engineering Pty Ltd v Groeneveld [1999] FCA 255; 87 FCR 120 The Australian Steel Company (Operations) Pty Ltd v Lewis [2000] FCA 1915; 109 FCR 33 Walsh v Deputy Commissioner of Taxation (1984) 156 CLR 337 Young v Hughes Trueman Pty Ltd (No 4) [2014] FCA 456
Date of hearing: 28 July 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate