Sialepis v Cosco [1999] FCA 776

Sialepis v Cosco [1999] FCA 776

Despite the defects of the applicant’s affidavit and doubts about her prospects, the extension of time granted by the Deputy Registrar was within discretion, and both the motion to set aside the Deputy Registrar’s order and the application to set aside the bankruptcy notice will be heard together to allow full...

Source-derived case information.

Parties
Applicant: Dimitra Jane Sialepis; First Respondent: John Niccolo Cosco; Second Respondent: Kay Violet Cosco
Jurisdiction
Australia
Judgment Date
07 June 1999
Procedural Posture
Bankruptcy Application / Interlocutory Hearing
Outcome
Motion stood over; extension of time allowed; costs to abide the result
Legal Topics
Extension of Time for Compliance With Bankruptcy Notice, Counter Claim, Set Off or Cross Demand in Bankruptcy Proceedings, Compliance With Affidavit Requirements Under Court Rules
Bankruptcy Extension of Time for Compliance With Bankruptcy Notice Counter Claim, Set Off or Cross Demand in Bankruptcy Proceedings Compliance With Affidavit Requirements Under Court Rules

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Parties

Dimitra Jane Sialepis

Applicant

John Niccolo Cosco

First Respondent

Kay Violet Cosco

Second Respondent

Procedural Posture

Bankruptcy Application / Interlocutory Hearing

Legal Issues

  1. 1 Whether applicant's affidavit complies with Order 77 Rule 13 of the Federal Court Rules
  2. 2 Whether there is an arguable counter-claim, set-off or cross demand equal to or exceeding the amount in the bankruptcy notice
  3. 3 Whether extension of time for compliance with bankruptcy notice is within discretion

Ratio Decidendi

Despite the defects of the applicant’s affidavit and doubts about her prospects, the extension of time granted by the Deputy Registrar was within discretion, and both the motion to set aside the Deputy Registrar’s order and the application to set aside the bankruptcy notice will be heard together to allow full opportunity to present the case.

Court Disposition

Motion stood over; extension of time allowed; costs to abide the result

Orders

  • Motion to set aside Deputy Registrar's order stood over to 6 July hearing of application to set aside bankruptcy notice.
  • Extension of time for compliance with bankruptcy notice upheld to 6 July.