Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gelonesi v G. Abignano (Investment) Pty Limited [2020] FCA 898 File number(s): NSD 32 of 2019
Judge(s): PERRY J
Date of judgment: 26 June 2020
Catchwords: BANKRUPTCY – application to set aside bankruptcy notice based on judgment debt –where applicant alleges bankruptcy notice overstates the amount due by unspecified amounts – where applicant seeks to enlarge grounds of opposition to the bankruptcy notice to allege offsetting claim within s 40(1)(g), Bankruptcy Act 1966 (Cth) and misstatement on new grounds – where application does not specify the provisions of the Bankruptcy Act relied upon – where offsetting claim does not equal or exceed the judgment debt and is not mutual and in the same right – whether Court should go behind the judgment debt – leave to enlarge grounds of opposition refused on ground they lack prospects of success – application dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 40(1)(g), 41(5), 41(6A), 41(7) Civil Procedure Act 2005 (NSW) s 101 Federal Court (Bankruptcy) Rules 2016 rr 2.01, 3.02, 3.03
Cases cited: Coshott v Prentice, in the matter of Coshott (No 2) [2016] FCA 1531 Cumins v Deputy Commissioner of Taxation [2008] FCAFC 185; (2008) 172 FCR 425 Ghougassian v Arnautovic, in the matter of Ghougassian [2019] FCA 1569 Re Anderson; ex parte Alexander (1927) 27 SR (NSW) 296 Re Judd; Ex parte Pike (1924) 24 SR (NSW) 537 Re Walsh [1982] FCA 250; (1982) 65 FCR 87 Seovic Civil Engineering Pty Ltd v Groeneveld [1999] FCA 255; (1999) 87 FCR 120
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