BANKRUPTCY – application to set aside bankruptcy notice – where debtor sought to amend application and file further affidavit material – hearing de novo – original application relied on s 41(6A) Bankruptcy Act 1966 (Cth) – debtor subject of interlocutory costs order in Supreme Court of Queensland in favour of respondents to substantive proceedings – whether counter-claim, set-off or cross demand for purposes of s 40(1)(g) Bankruptcy Act – principles in Chesson v Smith (1992) 35 FCR 594 – principles applicable to leave to amend application to set aside bankruptcy notice and supporting affidavit material – whether original application valid – benevolent construction – where debtor previously litigant in person – principles explained by the High Court in Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 – s 37M Federal Court of Australia Act 1976 (Cth) – principles in Coshott v Prentice, in the matter of Coshott (No 2) [2016] FCA 1531 – appropriate costs order
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1102
For more information, see the original judgement.
