Singh v Fobupu Pty Ltd, in the matter of Singh [2020] FCA 886

Singh v Fobupu Pty Ltd, in the matter of Singh [2020] FCA 886

The orders on which the bankruptcy notices were based—namely, the s 78 NCAT certificate and cost determination certificates filed in the Local Court—operate as final judgments for the purposes of s 41 of the Bankruptcy Act. The applicant had no relevant set-off or counter-claim, the judgments are not less final because of pending appeals, there was no relevant defect in the bankruptcy notices, and the identity of creditor as in the judgments was not shown to be in issue. Accordingly, the applications to set aside the bankruptcy notices were dismissed.

Parties
Applicant: Gurjit Singh; Respondent: Fobupu Pty Ltd; Respondent: Ghulam Akbar Khan; Respondent: Samina Khan
Jurisdiction
Australia
Judgment Date
25 June 2020
Procedural Posture
Application to Set Aside Bankruptcy Notice / Judgment on Applications to Set Aside Bankruptcy Notices
Outcome
Applications dismissed
Legal Topics
Bankruptcy Notice, Final Judgment, Set Off, Counter Claim, Identity of Creditor, Defect in Bankruptcy Notice
Bankruptcy Insolvency Commercial Law Bankruptcy Notice Final Judgment Set Off Counter Claim Identity of Creditor +1 more

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Parties

Gurjit Singh

Applicant

Fobupu Pty Ltd

Respondent

Ghulam Akbar Khan

Respondent

Samina Khan

Respondent

Procedural Posture

Application to Set Aside Bankruptcy Notice / Judgment on Applications to Set Aside Bankruptcy Notices

Legal Issues

  1. 1 Whether the bankruptcy notices are based on final judgments within the meaning of s 41 of the Bankruptcy Act
  2. 2 Whether the applicant has a set-off or counter-claim within the meaning of s 40(1)(g) of the Bankruptcy Act
  3. 3 Whether there are defects in the bankruptcy notices

Ratio Decidendi

The orders on which the bankruptcy notices were based—namely, the s 78 NCAT certificate and cost determination certificates filed in the Local Court—operate as final judgments for the purposes of s 41 of the Bankruptcy Act. The applicant had no relevant set-off or counter-claim, the judgments are not less final because of pending appeals, there was no relevant defect in the bankruptcy notices, and the identity of creditor as in the judgments was not shown to be in issue. Accordingly, the applications to set aside the bankruptcy notices were dismissed.

Court Disposition

Applications dismissed

Orders

  • The application in NSD 1916 of 2019 be dismissed.
  • The applicant (Gurjit Singh) be granted leave to apply for a lump sum costs order within 21 days of the date of the order (NSD 1916/2019).