McIntyre v Perkes

Matter No. G644 of 1989

(1) Orders that the declaration made 9 October 1989 in

terms of para. 2 of the Short Minutes of Order of that date be set aside.

(2) Declares that pursuant to the Bankruptcy Act 1966

the appellant is entitled to have set-off moneys due to her by the respondent under a judgment entered in the Supreme Court of New South Wales on 24 June 1982 in proceedings No. 210 of 1982 (Newcastle Registry) against moneys due by her to the respondent under a judgment entered in the Supreme Court of New South Wales on 12 September 1988 (but with effect from 24 June 1988) in proceedings No. 14411 of 1984 (Sydney Registry).

(3) Orders that the respondent pay the appellant's

costs of the appeal and of the proceedings at first instance.

(4) Orders that the appeal otherwise be dismissed.

Matter No. G695 of 1989

(1) Orders that the declaration made 9 October 1989 in

terms of para. 2 of the Short Minutes of Order of that date be set aside.

(2) Declares that pursuant to the Bankruptcy Act 1966

the appellant is entitled to have set-off moneys due to her by the respondent under a judgment entered in the Supreme Court of New South Wales on 24 June 1982 in proceedings No. 210 of 1982 (Newcastle Registry) against moneys due by her to the respondent under a judgment entered in the Supreme Court of New South Wales on 12 September 1988 (but with effect from 24 June 1988) in proceedings No. 14411 of 1984 (Sydney Registry).

(3) Orders that the respondent pay the appellant's

costs of the appeal and of the proceedings at first instance.

(4) Orders that the appeal otherwise be dismissed.

Note: Settlement and entry of orders is dealt with by Order 124 of the Bankruptcy Rules.