Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Battenberg v Restrom [2006] FCAFC 20
BANKRUPTCY – Bankruptcy notice – substituted service – substituted service of a bankruptcy notice made whilst the debtor is out of the jurisdiction – whether the Bankruptcy Act 1966 (Cth) permits service of a bankruptcy notice outside Australia – whether leave of the Court is required. Bankruptcy Act 1966 (Cth) ss 40, 40(1)(a), 40(1)(b), 40(1)(g), 43(1), 43(1)(b), 309(2)
Laurie v Carrol (1958) 98 CLR 310 approved Sheahan v Joye (1995) 57 FCR 389 cited Re Trimbole; Ex parte Deputy Commissioner of Taxation (1984) 4 FCR 586 cited Re Skase (1991) 32 FCR 212 cited Re Mendonca; Ex parte Commissioner of Taxation (1969) 15 FLR 256 followed ANDREW CHARLES ROBERT EDWARD ALBERT BATTENBERG v CONWAY ANTHONY RESTROM, PETER JAMES CALDWELL, ANTHONY JAMES CORDATO, BRIAN STUART OLLIVER, PHILLIP MARK DAY, ALAN WILKIE NICOL (TRADING AS MICHELL SILLAR) NSD 1682 of 2005 HEEREY, DOWSETT and CONTI JJ 7 MARCH 2006 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1682 OF 2005
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ANDREW CHARLES ROBERT EDWARD ALBERT BATTENBERG
APPELLANT
AND: CONWAY ANTHONY RESTROM, PETER JAMES CALDWELL, ANTHONY JAMES CORDATO, BRIAN STUART OLLIVER, PHILLIP MARK DAY, ALAN WILKIE NICOL (TRADING AS MICHELL SILLAR)
RESPONDENTS
JUDGES: HEEREY, DOWSETT & CONTI JJ
DATE OF ORDER: 7 MARCH 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondents' costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1682 OF 2005
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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