Re Doneley, John Justin Ex Parte Australian Guarantee Corp Ltd [1996] FCA 614

Re Doneley, John Justin Ex Parte Australian Guarantee Corp Ltd [1996] FCA 614

The application was dismissed because the material filed by the debtor did not assert a counter-claim, set-off or cross demand of the kind referred to in s 41(7) and paragraph 40(1)(g) of the Bankruptcy Act 1966; the matters raised about the National Australia Bank, prospective litigation, and possible future funds were not relevant to the application.

Jurisdiction
Australia
Judgment Date
15 July 1996
Procedural Posture
Bankruptcy Application to Set Aside Bankruptcy Notice No 506 of 1996 / Hearing on 15 July 1996
Outcome
Application dismissed.
Legal Topics
['setting Aside Bankruptcy Notice' 'counter Claim, Set Off or Cross Demand' 'affidavit Under S 41(7) of the Bankruptcy Act 1966']
['bankruptcy Law'] ['setting Aside Bankruptcy Notice' 'counter Claim, Set Off or Cross Demand' 'affidavit Under S 41(7) of the Bankruptcy Act 1966']

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Procedural Posture

Bankruptcy Application to Set Aside Bankruptcy Notice No 506 of 1996 / Hearing on 15 July 1996

Legal Issues

  1. 1 ['Whether the bankruptcy notice should be set aside on the grounds in the affidavits filed by the debtor.' 'Whether the debtor filed an affidavit asserting a counter-claim, set-off or cross demand of the kind referred to in s 41(7) and paragraph 40(1)(g) of the Bankruptcy Act 1966.']

Ratio Decidendi

The application was dismissed because the material filed by the debtor did not assert a counter-claim, set-off or cross demand of the kind referred to in s 41(7) and paragraph 40(1)(g) of the Bankruptcy Act 1966; the matters raised about the National Australia Bank, prospective litigation, and possible future funds were not relevant to the application.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.' 'The debtor is to pay the costs of this application, including any reserved costs.']