Latona Ex Parte Wattawa Constructions Pty Limited [1982] FCA 334

Latona Ex Parte Wattawa Constructions Pty Limited [1982] FCA 334

Applicants did not establish the existence of a counter-claim, set-off or cross demand that could not have been set up in the original District Court proceedings; their affidavits and evidence did not meet the statutory requirements.

Source-derived case information.

Parties
Applicant: Raymond Latona; Applicant: Mary Latona; Respondent: Wattawa Constructions Pty Limited
Jurisdiction
Australia
Judgment Date
24 June 1982
Procedural Posture
Bankruptcy Application / Application Under Section 41(7) of the Bankruptcy Act 1966
Outcome
application dismissed
Legal Topics
Counter Claim, Cross Demand, Set Off, Default Judgment
Bankruptcy Counter Claim Cross Demand Set Off Default Judgment

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Parties

Raymond Latona

Applicant

Mary Latona

Applicant

Wattawa Constructions Pty Limited

Respondent

Procedural Posture

Bankruptcy Application / Application Under Section 41(7) of the Bankruptcy Act 1966

Legal Issues

  1. 1 Whether the applicants have a counter-claim, set-off or cross demand that could not have been set up in the original action in which judgment was obtained

Ratio Decidendi

Applicants did not establish the existence of a counter-claim, set-off or cross demand that could not have been set up in the original District Court proceedings; their affidavits and evidence did not meet the statutory requirements.

Court Disposition

application dismissed

Orders

  • Applicants to pay the costs of the respondent including reserved costs.