Stubberfield, John Richard v Kilner, Ronald Gary & Anor [1998] FCA 1460

Stubberfield, John Richard v Kilner, Ronald Gary & Anor [1998] FCA 1460

The applicant's arguments regarding solvency, challenge to the underlying judgment, and the existence of a counter-claim or cross-claim are not supported on the evidence, and provide no basis to set aside the bankruptcy notice.

Jurisdiction
Australia
Judgment Date
27 October 1998
Procedural Posture
Bankruptcy Application to Set Aside Bankruptcy Notice / Interlocutory Application Judgment on Application
Outcome
Application refused; time for compliance with bankruptcy notice extended; costs orders made against applicant; motion to restrain solicitors dismissed.
Legal Topics
['setting Aside Bankruptcy Notice' 'costs Order' 'judicial Review' 'counter Claim']
['bankruptcy'] ['setting Aside Bankruptcy Notice' 'costs Order' 'judicial Review' 'counter Claim']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the bankruptcy notice should be set aside on the basis of solvency.' 'Whether the bankruptcy notice should be set aside due to an alleged error in the underlying judgment.' 'Whether there is a genuine counter-claim or cross-claim exceeding the judgment debt.']

Ratio Decidendi

The applicant's arguments regarding solvency, challenge to the underlying judgment, and the existence of a counter-claim or cross-claim are not supported on the evidence, and provide no basis to set aside the bankruptcy notice.

Court Disposition

Application refused; time for compliance with bankruptcy notice extended; costs orders made against applicant; motion to restrain solicitors dismissed.

Orders

  • ['Time for compliance with Bankruptcy Notice No QN 402 of 1998 extended until 4.00 pm on Tuesday 3 November 1998.' "Applicant to pay respondents' costs of the application." "Motion to restrain Messrs Lippiatt & Co from acting dismissed; applicant to pay respondents' costs of the motion." 'Application otherwise...