Re Harrison P.L. v Ex parte Morgans Solicitors [1995] FCA 144

Re Harrison P.L. v Ex parte Morgans Solicitors [1995] FCA 144

The Court is not satisfied that the debtor has a counter-claim, set-off or cross demand meeting the requirements of s.40(1)(g) of the Bankruptcy Act 1966 (Cth), as all matters alleged have been fully determined by previous courts, and absent taxation of costs, the debtor cannot establish a set-off equal to or exceeding the debt.

Jurisdiction
Australia
Judgment Date
08 March 1995
Procedural Posture
Bankruptcy / Reference Pursuant to Rule 10 to Determine Existence of Counter Claim, Set Off or Cross Demand
Outcome
Court not satisfied that debtor has counter-claim, set-off or cross demand; time for compliance with bankruptcy notice extended.
Legal Topics
['counter Claim' 'set Off' 'cross Demand' 'bankruptcy Notice' 'finality of Litigation']
['bankruptcy'] ['counter Claim' 'set Off' 'cross Demand' 'bankruptcy Notice' 'finality of Litigation']

Case Brief

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Procedural Posture

Bankruptcy / Reference Pursuant to Rule 10 to Determine Existence of Counter Claim, Set Off or Cross Demand

Legal Issues

  1. 1 ['Whether the debtor has a counter-claim, set-off or cross demand equal to or exceeding the amount payable under a final order as required by s.40(1)(g) of the Bankruptcy Act 1966 (Cth)']

Ratio Decidendi

The Court is not satisfied that the debtor has a counter-claim, set-off or cross demand meeting the requirements of s.40(1)(g) of the Bankruptcy Act 1966 (Cth), as all matters alleged have been fully determined by previous courts, and absent taxation of costs, the debtor cannot establish a set-off equal to or exceeding the debt.

Court Disposition

Court not satisfied that debtor has counter-claim, set-off or cross demand; time for compliance with bankruptcy notice extended.

Orders

  • ['The Court declares that it is not satisfied that the debtor has a counter-claim, set-off or cross demand of the kind referred to in s.40(1)(g) of the Bankruptcy Act 1966 (Cth).' 'The time for compliance with the bankruptcy notice be extended to Wednesday 22 March 1995.']