Dekkan v Evans [2008] FCA 1004

Dekkan v Evans [2008] FCA 1004

The applicant failed to satisfy the Court that he had a counter-claim, set-off or cross demand meeting the threshold required by s 40(1)(g) of the Bankruptcy Act 1966 (Cth) to set aside the bankruptcy notice, as there was no prima facie case or fair chance of success.

Jurisdiction
Australia
Judgment Date
03 July 2008
Procedural Posture
Bankruptcy Application / Application to Set Aside Bankruptcy Notice
Outcome
Application dismissed
Legal Topics
['bankruptcy Notice' 'set Off' 'counter Claim' 'professional Negligence' 'costs']
['bankruptcy' 'professional Negligence'] ['bankruptcy Notice' 'set Off' 'counter Claim' 'professional Negligence' 'costs']

Case Brief

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Procedural Posture

Bankruptcy Application / Application to Set Aside Bankruptcy Notice

Legal Issues

  1. 1 ['Whether applicant has counter-claim, set-off or cross demand against former solicitors under s 40(1)(g) of Bankruptcy Act 1966 (Cth)' 'Whether the bankruptcy notice should be set aside' 'Whether sufficient evidence of professional negligence exists']

Ratio Decidendi

The applicant failed to satisfy the Court that he had a counter-claim, set-off or cross demand meeting the threshold required by s 40(1)(g) of the Bankruptcy Act 1966 (Cth) to set aside the bankruptcy notice, as there was no prima facie case or fair chance of success.

Court Disposition

Application dismissed

Orders

  • ['The application to set aside the bankruptcy notice is dismissed.' 'The applicant is to pay the costs of the respondents.']