Re Ferguson, Janice Mary v Ex Parte CPS Credit Union Co-Operative Ltd [1996] FCA 679

Re Ferguson, Janice Mary v Ex Parte CPS Credit Union Co-Operative Ltd [1996] FCA 679

The debtor's affidavit and supplementary material did not disclose any counter-claim, set-off or cross demand of the kind contemplated by Bankruptcy Act 1966, s41(7), and raised no real issue to be determined by the Court. Because the Court was not satisfied as required by s41(7), the time for compliance with the bankruptcy notice was ordered to expire on the date of judgment.

Jurisdiction
Australia
Judgment Date
02 August 1996
Procedural Posture
Bankruptcy Proceeding Concerning a Bankruptcy Act 1966, S41(7) Affidavit in Response to a Bankruptcy Notice / Determination by Finn J After the Registrar Listed the Matter Following Filing of the Debtor's S41(7) Affidavit
Outcome
The debtor's s41(7) affidavit was held insufficient; the time for compliance with the bankruptcy notice was ordered to expire on 2 August 1996.
Legal Topics
['bankruptcy Notice' 'bankruptcy Act 1966, S41(7)' 'counter Claim, Set Off or Cross Demand' 'adjournment' 'bias Objection']
['bankruptcy'] ['bankruptcy Notice' 'bankruptcy Act 1966, S41(7)' 'counter Claim, Set Off or Cross Demand' 'adjournment' 'bias Objection']

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Procedural Posture

Bankruptcy Proceeding Concerning a Bankruptcy Act 1966, S41(7) Affidavit in Response to a Bankruptcy Notice / Determination by Finn J After the Registrar Listed the Matter Following Filing of the Debtor's S41(7) Affidavit

Legal Issues

  1. 1 ["Whether the debtor's affidavit disclosed a counter-claim, set-off or cross demand of the kind envisaged by Bankruptcy Act 1966, s41(7)." 'Whether there was any real issue to be determined by the Court for s41(7) purposes.' 'Whether further adjournment should be granted to the debtor.' "Whether the debtor's objections to Finn J hearing the matter provided any basis for recusal or disqualification."]

Ratio Decidendi

The debtor's affidavit and supplementary material did not disclose any counter-claim, set-off or cross demand of the kind contemplated by Bankruptcy Act 1966, s41(7), and raised no real issue to be determined by the Court. Because the Court was not satisfied as required by s41(7), the time for compliance with the bankruptcy notice was ordered to expire on the date of judgment.

Court Disposition

The debtor's s41(7) affidavit was held insufficient; the time for compliance with the bankruptcy notice was ordered to expire on 2 August 1996.

Orders

  • ['The time for compliance with the bankruptcy notice expires today.']