Federal Court of Australia
Federal Court of Australia
Monks v Mawhinney [2024] FCA 582 File number: NSD 1087 of 2023
Judgment of: STEWART J
Date of judgment: 5 June 2024
Catchwords: BANKRUPTCY AND INSOLVENCY – creditor's petition – whether the respondent is indebted to the applicants as required by s 44(1)(a) of the Bankruptcy Act 1966 (Cth) – whether the respondent gave notice that he had suspended payment of his debts within the meaning of s 40(1)(h) of the Act – creditor's petition dismissed with costs
Legislation: Bankruptcy Act 1966 (Cth), ss 40(1)(h), 43, 44(1)(a)
Cases cited: Ahern v Deputy Commissioner of Taxation (Qld) (1987) 76 ALR 137 ANZ Banking Group Ltd, in the matter of James v James [2016] FCA 332 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Cropley's Ltd v Vickery [1920] HCA 19; 27 CLR 321 In re Fraser; Ex parte Central Bank of London [1892] 2 QB 633 Moy v Briscoe Company Ltd [1907] HCA 36; 5 CLR 56 Re Hewson; Ex parte Sydney Stock Exchange Ltd (1967) 10 FLR 479 Wren v Mahony [1972] HCA 5; 126 CLR 212
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 36
Date of hearing: 28 May 2024
Solicitor for the Applicants: T Hall of Hall Partners
Counsel for the Respondent: S Golledge SC and N Li
Solicitor for the Respondent: Roberts Gray Lawyers
ORDERS NSD 1087 of 2023
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