Federal Court of Australia
Federal Court of Australia
Ogbonna v CTI Logistics Limited [2021] FCA 1491 File number: WAD 338 of 2019
Judgment of: COLVIN J
Date of judgment: 29 November 2021
Catchwords: BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice - where application relied upon existence of counterclaim, set-off or cross-demand being claim in defamation for damages - where defamation claim dismissed and attempts to appeal unsuccessful - where applicant now seeks to rely on claim of fraud, conspiracy and judicial corruption in rejection of defamation claim as basis to set aside bankruptcy notice - whether requirements of r 2.06 of Federal Court (Bankruptcy) Rules 2016 (Cth) should be dispensed with - where respondents provided submissions in accordance with case management orders instead of filing notice of grounds of opposition and supporting affidavit - application dismissed
Legislation: Defamation Act 2005 (WA) s 28 Federal Court (Bankruptcy) Rules 2016 (Cth) r 2.06
Cases cited: Boensch v Pascoe [2019] HCA 49; (2019) 268 CLR 593 CFB18 v Reader Lawyers & Mediators [2018] FCA 611 Ogbonna v CTI Logistics Ltd [2021] WASCA 25 Ogbonna v CTI Logistics Pty Ltd [2021] HCASL 122
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
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