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[2024] FCA 1341
Federal Court of Australia
2024-11-21
Perry J
Original judgment source is linked above.
Counsel for the Respondent: The respondent appeared in person.
ORDERS ACD 67 of 2023 IN THE MATTER OF EMMANUEL TAM EZEKIEL-HART COUNCIL OF THE LAW SOCIETY OF THE AUSTRALIAN CAPITAL TERRITORY BETWEEN: First Applicant ROBERT ANTHONY REIS Second Applicant AND: EMMANUEL TAM EZEKIEL-HART Respondent
order made by: PERRY J DATE OF ORDER: 21 November 2024
THE COURT ORDERS THAT:
INTRODUCTION
EVIDENCE
The Debtor's request for the Court to compel Mr Reis to give evidence
BACKGROUND
APPLICATION TO AMEND THE CREDITOR'S PETITION
Satisfaction of conditions for creditor's petition (s 44 of the Bankruptcy Act)
Satisfaction of requirements as to creditor's petition (s 47 of the Bankruptcy Act and rr 4.02, 4.04 of the Bankruptcy Rules)
Relevant provisions
Proof of matters required at proceedings on creditor's petition (s 52 of the Bankruptcy Act and rr 4.05 and 4.06 of the Bankruptcy Rules)
Relevant provisions
Federal Circuit Court of Australia Proceeding No CAG 92 of 2012 and application for the renewal of the Debtor's practising certificate in 2013 (Ground of Opposition 6)
Ground one: The Debtor has a counter-claim admitted by the Creditors
Ground two: The Debtor has a set-off or cross demand exceeding the amount claimed in the Bankruptcy Notice
Ground three: The present proceedings are oppressive against the Debtor
Ground four: The Creditors have unreasonably refused to accept payments by instalment
Grounds five and six: The Creditors have misled and lied to the Court and Tribunal
The commencement by the Debtor of an appeal against the Set-Aside Decision
CONCLUSION
Council of the Law Society of the Australian Capital Territory
Ezekiel-Hart, in the matter of Ezekiel-Hart
[1994] FCA 361
[2024] ACTSC 12
[1992] FCA 408
[2019] ACTSC 193
[2018] ACTSC 264
[2019] ACTCA 31
[2012] ACTSC 103
[2022] ACTSC 300
[2004] VSC 510
(2019) 269 CLR 333
(1994) 50 FCR 544
(2012) 247 CLR 486
(2018) 265 CLR 236
(1992) 36 FCR 279
(2007) 232 CLR 189
(2006) 154 FCR 525
(2017) 343 ALR 632
(1960) 104 CLR 346
(1980) 44 FLR 135