Federal Court of Australia
Federal Court of Australia Baker v Punters Show Pty Limited, in the matter of Baker [2022] FCA 1303 File number: NSD 131 of 2022
Judgment of: MARKOVIC J
Date of judgment: 3 November 2022
Catchwords: BANKRUPTCY – where an application to set aside a bankruptcy notice was dismissed by a registrar – review of registrar's decision by judge – hearing de novo – whether applicant has a set-off – whether quantum of the set-off is equal to or in excess of the judgment debt on which the bankruptcy notice is founded – where evidence does not establish the set-off is equal to or in excess of the judgment debt on which the bankruptcy notice is founded – application dismissed PRACTICE AND PROCEDURE – operation of s 41(7) of the Bankruptcy Act 1966 (Cth) on a hearing de novo – whether, in circumstances where a debtor seeks review of a registrar's decision to dismiss an application to set aside a bankruptcy notice, s 41(7) of the Bankruptcy Act automatically operates to extend the time for compliance with the relevant bankruptcy notice until the review is complete – whether the Court can make as a consequential order an order pursuant to s 41(6A) of the Bankruptcy Act extending the time for compliance with a bankruptcy notice in circumstances where a debtor seeks review of a registrar's decision to dismiss an application to set aside a bankruptcy notice
Legislation: Bankruptcy Act 1966 (Cth) ss 40(1)(g), 41(6A), 41(7) Federal Circuit Court of Australia Act 1999 (Cth) (now repealed) s 104(3) Federal Court of Australia Act 1976 (Cth) ss 35A(5), 35A(6)
Cases cited: Bechara v Bates (2021) 286 FCR 166 Blair v Owners of Strata Plan No 71656 [2016] FCA 1522 Glew v Harrowell, in the matter of Glew (2003) 198 ALR 331; [2003] FCA 373 Guss v Johnstone (2000) 171 ALR 598; [2000] HCA 26 Harris v Caladine (1991) 172 CLR 84 Lambourne v Baker (No 3) [2022] NSWCA 25 Robson as former trustee of the estate of Samsakopoulos v Body Corporate for Sanderling at Kings Beach CTS 2942 (2021) 286 FCR 494 Royal v Nazloomian, in the matter of Royal [2019] FCA 555 Wilson v Arwon Finance Pty Ltd [2021] FCA 1052
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