Combe v Ziade (In the matter of Faye Diane Combe) [2002] FCA 828

Combe v Ziade (In the matter of Faye Diane Combe) [2002] FCA 828

The application to set aside the bankruptcy notice was dismissed as the applicant had been provided with ample opportunity to take action, had not exercised appeal rights in a timely manner, and there was no prima facie case to justify going behind the District Court judgments.

Source-derived case information.

Parties
Applicant: Faye Diane Combe; Respondent: Anthony Ziade
Jurisdiction
Australia
Judgment Date
28 June 2002
Procedural Posture
Bankruptcy Application / Final Judgment on Application to Set Aside Bankruptcy Notice
Outcome
Application dismissed with costs. Time for compliance with the bankruptcy notice extended up to and including 12 July 2002.
Legal Topics
Application to Set Aside Bankruptcy Notice, Extension of Time for Compliance With Bankruptcy Notice
Bankruptcy Application to Set Aside Bankruptcy Notice Extension of Time for Compliance With Bankruptcy Notice

Source-derived case record

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Parties

Faye Diane Combe

Applicant

Anthony Ziade

Respondent

Procedural Posture

Bankruptcy Application / Final Judgment on Application to Set Aside Bankruptcy Notice

Legal Issues

  1. 1 Whether the bankruptcy notice should be set aside under s 41 of the Bankruptcy Act 1966 (Cth)
  2. 2 Whether time for compliance with the bankruptcy notice should be further extended

Ratio Decidendi

The application to set aside the bankruptcy notice was dismissed as the applicant had been provided with ample opportunity to take action, had not exercised appeal rights in a timely manner, and there was no prima facie case to justify going behind the District Court judgments.

Court Disposition

Application dismissed with costs. Time for compliance with the bankruptcy notice extended up to and including 12 July 2002.

Orders

  • The application is dismissed.
  • The applicant is to pay the costs of the respondent including any reserved costs.