Federal Court of Australia
Federal Court of Australia
Alhalek v Quintiliani trading as Kells Lawyers [2020] FCA 1272 File number: NSD 336 of 2020
Judgment of: mARKOVIC J
Date of judgment: 7 September 2020
Catchwords: BANKRUPTCY – application to set aside bankruptcy notice – whether the applicant has a counter-claim, set off or cross demand – whether the judgment underlying the bankruptcy notice will be set aside – whether the bankruptcy notice constitutes an abuse of process – where there was no evidence that the judgment underlying the bankruptcy notice was served – where applicant claims he was solvent – whether time for compliance with the bankruptcy notice should be extended – application dismissed
Legislation: Bankruptcy Act 1966 (Cth), ss 30, 40(1)(g), 41
Cases cited: Coshott v Prentice, in the matter of Coshott (No 2) [2016] FCA 1531 Glew v Harrowell, in the matter of Glew [2003] FCA 373; (2003) 198 ALR 331 Guss v Johnstone [2000] HCA 26; (2000) 171 ALR 598 Royal v Nazloomian, in the matter of Royal [2019] FCA 555 Sandell v Porter (1966) 115 CLR 666 Seller v Deputy Commissioner of Taxation [2011] FCA 865; (2011) 282 ALR 80 Sharpe v W H Bailey & Sons Pty Ltd [2014] FCA 921; (2014) 317 ALR 738
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 99
Date of hearing: 10 August 2020
Solicitor for the Applicant: Mr M Sibley of MDW Law
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