Buere v Commonwealth Bank of Australia

This matter concerned an application by the Commonwealth Bank of Australia (CBA) to set aside a bankruptcy notice issued against Mr Von Buere. The dispute arose from a judgment obtained by the CBA against Mr Von Buere in the Supreme Court of New South Wales. The core of the application revolved around whether the judgment underpinning the bankruptcy notice was a "final judgment" for the purposes of section 40(1)(g) of the *Bankruptcy Act 1966* (Cth), which requires that a final judgment or order has not been stayed.

The legal issues before the court were whether the judgment obtained by the CBA was a final judgment for the purposes of the *Bankruptcy Act*, and whether the judgment had been stayed. The applicant also raised an issue concerning the methods by which a judgment of a New South Wales court may be enforced, referencing section 106(1) of the *Civil Procedure Act 2005* (NSW).

The court reasoned that for a judgment to be considered "final" for the purposes of section 40(1)(g) of the *Bankruptcy Act*, leave of the court is not required to levy execution. The court found no evidence on the face of the judgment or in the evidence led to suggest that any stay had been ordered. Furthermore, the court noted that the *Civil Procedure Act 2005* (NSW) outlines specific methods for enforcing a judgment debt, such as a writ for the levy of property or a garnishee order, and that the service of a bankruptcy notice is not considered a means of enforcing a judgment under that Act. The court concluded that the applicant's submission that the judgment was not final could not be sustained.

The court dismissed the application to set aside the bankruptcy notice.