Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Fobupu Pty Ltd, in the matter of Singh [2020] FCA 886 File numbers: NSD 1916 of 2019 NSD 96 of 2020
Judge: GLEESON J
Date of judgment: 25 June 2020
Catchwords: BANKRUPTCY – applications to set aside two bankruptcy notices – election not to pursue one of the bankruptcy notices – whether bankruptcy notice based on final judgment – whether applicant has set-off or counter-claim – whether bankruptcy notice has defect – applications dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 30(1), 40(1)(g), 40(3)(b), 41 Taxation Administration Act 1953 (Cth) s 12-190(1) Civil and Administrative Tribunal Act 2013 (NSW) s 78 Conveyancing Act 1919 (NSW) s 23C(1)(c) Legal Profession Uniform Law Application Act 2014 (NSW) ss 70, 78
Cases cited: Abignano v Wenkart [1998] FCA 1468 Bailey v Beagle Management Pty Ltd [2001] FCA 60; (2001)105 FCR 136 Rafidi v Commonwealth Bank of Australia [2020] FCAFC 26 Re Briggs: Ex parte Briggs v Deputy Commission of Taxation (WA) [1986] FCA 512; (1986) 12 FCR 310 Re Hanby; Ex parte Flemington Central Spares Pty Ltd (1967) 10 FLR 378 Sarks v Cassegrain [2014] FCA 972 Sayer-Jones v Juju Bean Investments Pty Ltd [2020] FCA 177 Singh v Khan [2019] NSWCA 196 Xu v Wan Ze Property Development (Aust) Pty Ltd (in Liquidation) [2014] FCA 461; (2014) 315 ALR 523
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