Re McFarlane J.G. Ex parte Reid K.F. [1995] FCA 748

Re McFarlane J.G. Ex parte Reid K.F. [1995] FCA 748

There is no debt personally owing by the applicant to the respondent; the bankruptcy notice should be set aside and the respondent should pay costs due to his refusal to consent to setting aside the judgment and enforcement with knowledge of the background circumstances.

Jurisdiction
Australia
Judgment Date
30 August 1995
Procedural Posture
Bankruptcy Application / Application to Set Aside Bankruptcy Notice
Outcome
bankruptcy notice set aside by consent; judgment creditor ordered to pay applicant's costs
Legal Topics
['costs' 'default Judgment' 'company Liability' 'setting Aside Judgment']
['bankruptcy'] ['costs' 'default Judgment' 'company Liability' 'setting Aside Judgment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Bankruptcy Application / Application to Set Aside Bankruptcy Notice

Legal Issues

  1. 1 ['Whether the bankruptcy notice should be set aside' 'Whether the debt was owed personally by the judgment debtor or by McFarlane Constructions Pty Ltd' 'Whether costs should be paid by the judgment creditor']

Ratio Decidendi

There is no debt personally owing by the applicant to the respondent; the bankruptcy notice should be set aside and the respondent should pay costs due to his refusal to consent to setting aside the judgment and enforcement with knowledge of the background circumstances.

Court Disposition

bankruptcy notice set aside by consent; judgment creditor ordered to pay applicant's costs

Orders

  • ['Bankruptcy notice filed 7 February 1995 set aside by consent' "Kelvin Frederick Reid to pay applicant's costs of and incidental to the application to set aside the bankruptcy notice, to be taxed if not agreed"]