Whitlock, Ronald v Tweed Shire Council [1997] FCA 883

Whitlock, Ronald v Tweed Shire Council [1997] FCA 883

There is no presently pending challenge to the judgment on which the bankruptcy notice is founded, and no good ground is shown at this point to go behind that judgment; therefore, the application to set aside the bankruptcy notice must be dismissed.

Jurisdiction
Australia
Judgment Date
12 August 1997
Procedural Posture
Application to Set Aside Bankruptcy Notice / Judgment
Outcome
Application dismissed
Legal Topics
['bankruptcy Notice' 'appeals' 'setting Aside Judgment']
['bankruptcy' 'civil Procedure'] ['bankruptcy Notice' 'appeals' 'setting Aside Judgment']

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Procedural Posture

Application to Set Aside Bankruptcy Notice / Judgment

Legal Issues

  1. 1 ['Whether bankruptcy notice 930 of 1997 should be set aside' 'Whether there is a good ground to go behind the Local Court judgment underlying the bankruptcy notice']

Ratio Decidendi

There is no presently pending challenge to the judgment on which the bankruptcy notice is founded, and no good ground is shown at this point to go behind that judgment; therefore, the application to set aside the bankruptcy notice must be dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.' "The applicant pay the respondent's costs of the proceeding."]