Dekkan v Macquarie Leasing Pty Limited (No. 2) [2008] FCA 1431

Dekkan v Macquarie Leasing Pty Limited (No. 2) [2008] FCA 1431

The application was dismissed because the applicants' evidence was inadequate to establish any legitimate counter-claim, set-off or cross demand, let alone one equalling or exceeding the judgment debt and unable to have been set up in the Local Court proceedings; the asserted $70,000 damages claim was unsupported beyond the first applicant's bare statement.

Jurisdiction
Australia
Judgment Date
18 September 2008
Procedural Posture
Application to Set Aside a Bankruptcy Notice / Amended Application Heard by Duty Judge After Review of Registrar's Dismissal
Outcome
Application dismissed.
Legal Topics
['bankruptcy Notice' 'counter Claim, Set Off or Cross Demand' 'act of Bankruptcy' 'default Judgment']
['bankruptcy Law'] ['bankruptcy Notice' 'counter Claim, Set Off or Cross Demand' 'act of Bankruptcy' 'default Judgment']

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Procedural Posture

Application to Set Aside a Bankruptcy Notice / Amended Application Heard by Duty Judge After Review of Registrar's Dismissal

Legal Issues

  1. 1 ['Whether the bankruptcy notice should be set aside on the basis of an alleged counter-claim, set-off or cross demand.' "Whether the applicants' materials showed a counter-claim, set-off or cross demand equalling or exceeding the judgment debt which could not have been set up in the Local Court proceedings."]

Ratio Decidendi

The application was dismissed because the applicants' evidence was inadequate to establish any legitimate counter-claim, set-off or cross demand, let alone one equalling or exceeding the judgment debt and unable to have been set up in the Local Court proceedings; the asserted $70,000 damages claim was unsupported beyond the first applicant's bare statement.

Court Disposition

Application dismissed.

Orders

  • ['The application to set aside Bankruptcy Notice, concerning Bankruptcy Notice No 1431/08 dated 1 May 2008, filed on 9 September 2008 be dismissed.']