Equuscorp Pty Ltd v Chang [1999] FCA 607

Equuscorp Pty Ltd v Chang [1999] FCA 607

The respondent has not filed sufficient affidavit material to support his alleged counterclaim, set-off or cross-demand; an adjournment is granted to allow him to do so, and leave is given to applicant to amend its creditor’s petition.

Jurisdiction
Australia
Judgment Date
12 April 1999
Procedural Posture
Creditor's Petition for Sequestration Order / Interlocutory Order, Adjournment, Amendment of Petition
Outcome
Application adjourned; leave granted to amend petition; procedural orders made.
Legal Topics
['sequestration Order' "creditor's Petition" 'counterclaim' 'set Off' 'cross Demand' 'amendment of Petition']
['bankruptcy'] ['sequestration Order' "creditor's Petition" 'counterclaim' 'set Off' 'cross Demand' 'amendment of Petition']

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Procedural Posture

Creditor's Petition for Sequestration Order / Interlocutory Order, Adjournment, Amendment of Petition

Legal Issues

  1. 1 ['Whether the applicant is entitled to a sequestration order against the estate of the respondent based on the alleged act of bankruptcy' 'Whether the respondent has a counterclaim, set-off or cross-demand equal to or exceeding the judgment debt which could not have been set up in the Magistrates’ Court' 'Whether leave should be granted to amend the creditor’s petition']

Ratio Decidendi

The respondent has not filed sufficient affidavit material to support his alleged counterclaim, set-off or cross-demand; an adjournment is granted to allow him to do so, and leave is given to applicant to amend its creditor’s petition.

Court Disposition

Application adjourned; leave granted to amend petition; procedural orders made.

Orders

  • ['Leave to applicant to amend creditor’s petition as specified.' 'Re-verification and re-service of amended petition dispensed with.' 'Respondent’s cross-claim treated as Notice of Intention to oppose.' 'Respondent to file and serve affidavit by 4:00 pm on 3 May 1999.' 'Applicant to file and serve affidavit in...