CFB18 v Reader Lawyers & Mediators [2018] FCA 611

CFB18 v Reader Lawyers & Mediators [2018] FCA 611

The applicant failed to establish an offsetting claim of the kind required by s 40(1)(g) of the Bankruptcy Act 1966 (Cth), as the claims were general, insufficiently particularised, often related to matters already determined in taxation, or unsupported as a basis for damages. The existence of the suspension order did not invalidate the bankruptcy notice, and while time for application to review the Registrar's decision was extended, the substantive application was dismissed.

Jurisdiction
Australia
Judgment Date
07 May 2018
Procedural Posture
Bankruptcy Application / Review / Judgment on Application to Set Aside Bankruptcy Notice and Review of Registrar's Decision
Outcome
Application to review the Registrar's decision is dismissed. Time for bringing application to review extended. Costs awarded to respondent.
Legal Topics
['application to Set Aside Bankruptcy Notice' 'offsetting Claim in Bankruptcy' 'extension of Time for Review' 'non Publication Order' 'stay of Enforcement of Judgment' 'costs Orders']
['bankruptcy and Insolvency' 'practice and Procedure'] ['application to Set Aside Bankruptcy Notice' 'offsetting Claim in Bankruptcy' 'extension of Time for Review' 'non Publication Order' 'stay of Enforcement of Judgment' 'costs Orders']

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Procedural Posture

Bankruptcy Application / Review / Judgment on Application to Set Aside Bankruptcy Notice and Review of Registrar's Decision

Legal Issues

  1. 1 ["Whether time to apply for review of Registrar's decision dismissing application to set aside bankruptcy notice should be extended" 'Whether the applicant had an offsetting claim (counter-claim, set-off or cross demand) pursuant to s 40(1)(g) of the Bankruptcy Act 1966 (Cth)' 'Whether the suspension order in the Supreme Court is a basis to set aside the bankruptcy notice' 'Whether automatic extension of time to comply with bankruptcy notice applied under s 41(7) of the Bankruptcy Act']

Ratio Decidendi

The applicant failed to establish an offsetting claim of the kind required by s 40(1)(g) of the Bankruptcy Act 1966 (Cth), as the claims were general, insufficiently particularised, often related to matters already determined in taxation, or unsupported as a basis for damages. The existence of the suspension order did not invalidate the bankruptcy notice, and while time for application to review the Registrar's decision was extended, the substantive application was dismissed.

Court Disposition

Application to review the Registrar's decision is dismissed. Time for bringing application to review extended. Costs awarded to respondent.

Orders

  • ["Applicant to be referred to as 'CFB18'." "Time for application to review Registrar's decision extended until 23 February 2018." 'Application to review decision of Registrar dismissed.' "Applicant to pay costs of application to review Registrar's decision to be assessed if not agreed."]