Re Friel, Daniel Noel Ex Parte Queensland Building Services Authority [1997] FCA 393

Re Friel, Daniel Noel Ex Parte Queensland Building Services Authority [1997] FCA 393

The Court was not satisfied that there was any basis to set aside the bankruptcy notice because no satisfactory explanation was given for why the material relied upon was not obtained at the Tribunal hearing, why the reasonableness of the amount paid to Mr Bates was not challenged before the Tribunal, or why the asserted $33,562 claim could not have been brought forward and set off in the Tribunal proceedings.

Jurisdiction
Australia
Judgment Date
24 February 1997
Procedural Posture
Application Under S 41(7) of the Bankruptcy Act 1966 (cth) to Set Aside a Bankruptcy Notice / Reasons for Judgment and Orders Dismissing the Application
Outcome
Application dismissed.
Legal Topics
['bankruptcy Notice' 'judgment Debt' 'rectification Work' 'set Off']
['bankruptcy' 'building and Construction'] ['bankruptcy Notice' 'judgment Debt' 'rectification Work' 'set Off']

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Procedural Posture

Application Under S 41(7) of the Bankruptcy Act 1966 (cth) to Set Aside a Bankruptcy Notice / Reasons for Judgment and Orders Dismissing the Application

Legal Issues

  1. 1 ['Whether the bankruptcy notice issued in respect of the Tribunal judgment should be set aside under s 41(7) of the Bankruptcy Act 1966 (Cth).' "Whether Mr Friel's asserted claim against the owners or the Statewide Management Services letter provided a basis to set aside the bankruptcy notice."]

Ratio Decidendi

The Court was not satisfied that there was any basis to set aside the bankruptcy notice because no satisfactory explanation was given for why the material relied upon was not obtained at the Tribunal hearing, why the reasonableness of the amount paid to Mr Bates was not challenged before the Tribunal, or why the asserted $33,562 claim could not have been brought forward and set off in the Tribunal proceedings.

Court Disposition

Application dismissed.

Orders

  • ['The application made under s 41(7) of the Bankruptcy Act 1966 (Cth) be dismissed.' "The applicant to this application pay the respondent's costs of and incidental to this application to be taxed if not agreed."]