Federal Court of Australia
Federal Court of Australia
Veale v Coleman [2024] FCAFC 83 Appeal from: Coleman v Veale [2023] FCA 1023
File number: NSD 1073 of 2023
Judgment of: Markovic, Halley AND CHEESEMAN JJ
Date of judgment: 20 June 2024
Catchwords: BANKRUPTCY AND INSOLVENCY – application to set aside bankruptcy notice issued under s 41(1) of the Bankruptcy Act 1966 (Cth) – foreign currency judgment debt – where bankruptcy notice includes incorrect date for conversion of foreign currency judgment debt to Australian dollars – where bankruptcy notice includes Reserve Bank of Australia rate of currency conversion rounded to two decimal places – where rate of currency conversion is rounded down rather than rounded up – whether there is a defect or irregularity in the bankruptcy notice – whether any defect or irregularity is merely formal – where defect was merely formal – appeal allowed
Legislation: Acts Interpretation Act 1901 (Cth) s 25 Bankruptcy Act 1966 (Cth) s 306 Federal Court of Australia Act 1976 (Cth) s 27 Bankruptcy Regulations 2021 (Cth) reg 9 and reg 12
Cases cited: Adams v Lambert (2006) 228 CLR 409 Australian Steel Co (Operations) Pty Ltd v Lewis (2000) 109 FCR 33 Coleman v Gannaway [2023] FCA 224 Farrugia v Farrugia (2009) 99 FCR 6 Fuller v Alford [2017] FCA 782 Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 Meekin v Commonwealth Bank of Australia (2009) 99 FCR 16 Northern Land Council v Quall (No 3) [2021] FCAFC 2 Parianos v Lymlind Pty Ltd (1999) 93 FCR 191
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