Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
James v Australian and New Zealand Banking Group Limited (No 2) [2020] FCA 663 File number: NSD 1658 of 2017
Judge: JAGOT J
Date of judgment: 7 May 2020
Catchwords: BANKRUPTCY AND INSOLVENCY – application for an order to set aside bankruptcy notice – where alleged misstatement of amount said to be owing in bankruptcy notice – whether the sum specified in a bankruptcy notice exceeds the amount for which the creditor is entitled – application dismissed
Legislation: Bankruptcy Act 1966 (Cth) s 41(5)
Cases cited: James v Australian and New Zealand Banking Group Limited (No 1) [2020] FCA 662 Herat v McLean Holdaway Pty Ltd [2014] FCA 816 Robertson Homes (Qld) Pty Ltd v Twivey [2011] FMCA 69; (2011) 248 FLR 121 Walsh v Deputy Commissioner of Taxation [1984] HCA 33; (1984) 156 CLR 337
Date of hearing: 7 May 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 16
Counsel for the Applicant: N Condylis
Solicitor for the Applicant: Allsop Glover Lawyers
Counsel for the Respondent: J Hynes with K Boyd
Solicitor for the Respondent: Allens
ORDERS NSD 1658 of 2017
BETWEEN: DAVID ANTHONY JAMES Applicant
AND: AUSTRALIAN AND NEW ZEALAND BANKING GROUP LIMITED ABN 11 005 357 522 Respondent
JUDGE: JAGOT J DATE OF ORDER: 7 MAY 2020
THE COURT ORDERS THAT:
1. To the extent that paragraph 1 of the Application filed 21 September 2017 seeks to set aside Bankruptcy Notice BN 212173 issued on 23 February 2017 on the grounds set out in paragraphs 2A and 34-40 of the Amended Statement of Grounds in Support of Application (the Amended Statement), those amended grounds be dismissed. 2. The applicant pay the respondent's costs in connection with paragraphs 2A and 34-40 of the Amended Statement as agreed or taxed. 3. Liberty to restore on 3 days' notice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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