Glover v Flower [2005] FCA 970

Glover v Flower [2005] FCA 970

The application was dismissed because the applicant had not provided material enabling the Court to conclude that his asserted workers compensation claim was a counter-claim, set off or cross-demand in an amount equal to or exceeding the judgment debt, and the pending Supreme Court application to set aside the underlying judgment did not itself justify setting aside the bankruptcy notice.

Jurisdiction
Australia
Judgment Date
12 July 2005
Procedural Posture
Application to Set Aside a Bankruptcy Notice / Reasons for Judgment and Order
Outcome
Application dismissed with costs.
Legal Topics
['bankruptcy Notice' 'counter Claim, Set Off or Cross Demand' 'judgment Debt' 'pending Application to Set Aside Judgment' 'workers Compensation Claim']
['bankruptcy' 'workers Compensation'] ['bankruptcy Notice' 'counter Claim, Set Off or Cross Demand' 'judgment Debt' 'pending Application to Set Aside Judgment' 'workers Compensation Claim']

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Procedural Posture

Application to Set Aside a Bankruptcy Notice / Reasons for Judgment and Order

Legal Issues

  1. 1 ['Whether the applicant had a counter-claim, set off or cross-demand equal to or exceeding the amount of the judgment debt referred to in the bankruptcy notice under s 40(1)(g) of the Bankruptcy Act 1966.' 'Whether a pending Supreme Court application to set aside the Tribunal order or Local Court judgment entitled the Court to set aside the bankruptcy notice.' "Whether the applicant's asserted workers compensation claim against the respondents was sufficiently established and quantified for the purposes of s 40(1)(g)."]

Ratio Decidendi

The application was dismissed because the applicant had not provided material enabling the Court to conclude that his asserted workers compensation claim was a counter-claim, set off or cross-demand in an amount equal to or exceeding the judgment debt, and the pending Supreme Court application to set aside the underlying judgment did not itself justify setting aside the bankruptcy notice.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application to set aside the bankruptcy notice be dismissed with costs.']