Scott v NIMLAW Pty Ltd [2023] FCA 1420

Federal Court of Australia

Scott v NIMLAW Pty Ltd [2023] FCA 1420 File number: SAD 104 of 2023

Judgment of: CHARLESWORTH J

Date of judgment: 15 November 2023

Date of publication of judgment: 17 November 2023

Catchwords: BANKRUPTCY – application to set aside a bankruptcy notice – notice founded on a judgment debt – whether the applicant has a defence, cross-claim or set-off that could not have been erected in the proceeding in which judgment was obtained – where orders pronounced orally dismissing the application – where ex tempore reasons given – where applicant continued submissions following pronouncement of orders but before orders were entered – whether the matters raised by the applicant justified the recall or variation of the orders under r 39.04 of the Federal Court Rules 2011 (Cth) – applicant failing to show that there is any pending action in which orders are sought to set aside the judgment forming the basis of the debt specified in the bankruptcy notice – order entered

Legislation: Bankruptcy Act 1966 (Cth) ss 40, 41, 43 Federal Court Rules 2011 (Cth) r 39.04

Cases cited: Nimlaw Pty Ltd v Scott [2023] SADC 42 Scott v Judicial Registrar Ditton [2023] FCA 947

Division: General Division

Registry: South Australia

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 30

Date of hearing: 15 November 2023

Counsel for the Applicant: The Applicant appeared in person

Counsel for the Respondent: Mr J Rattray

Solicitor for the Respondent: Stewart-Rattray Lawyers