Katter v Britten-Jones and Ors Named in the Schedule T/As Piper Alderman

The applicant, Mr. Katter, sought to set aside a bankruptcy notice issued by the respondents, Britten-Jones and others, trading as Piper Alderman. The application was heard in the Federal Court of Australia.

The primary legal issue before the Court was whether the bankruptcy notice should be set aside. This required the Court to consider whether there was a substantial and genuine dispute about the existence of the debt for which the bankruptcy notice was issued. A secondary issue concerned the appropriate order for costs.

Justice Street found that there was no substantial and genuine dispute regarding the debt. The Court applied the principles established in bankruptcy law concerning the setting aside of bankruptcy notices, which require a demonstration of a genuine dispute as to the existence or amount of the debt. Having determined that no such dispute existed, the Court dismissed the application to set aside the bankruptcy notice. The Court exercised its discretion to award costs to the respondents on a party/party basis.