Munson, Owen Richard v ex Parte Deputy Commissioner of Taxation [1977] FCA 34

"7

) ) ir) No. P.1243 of 1976 ) )

oa ae

Pu OF AVSTNAT LA

moan om cCT Or ae AND Ti, 3

In the matter of - BANKRUPTCY ACt 1966

And in the mather of - Roerejitor's petitien ro ~

OWEN RICUARO JUNSON

Ex pavte: DLePuly COMMISSTOMUAR OF TAXATION — —

RUASONS FOR TUOGMENT

a Ritey J. cue 23

On the hearing of this creditov's petrtion counsel for the petitioning sredicor, the Deputy Couwmissioner of Taxation, himcelf raiced tho question whecher the bankruptcy notice was valid.

The Deputy Commissioner ebtained a judunment against the debtor in the Supreme Court cf New South Wales for $26,349.58 and $14.50 costs, a tctas of $276,364.08. The judgment took effect on 29 December i975 ard interest at 10% per annum was payable from that date an so mach of the money as was from timc to time unpaid: Supreme Couct Act 1970, s. 95; Supreme Court Rules 1970, Part 40, Pule 7 (2) (b; Nothing has ever been psoid, and interest nas accrved at the rate of $7.2? a day.

Gn 16 June 1%/e th: Ocputy Commursicnes, addressed to the Registrer in Rankraprey an applroation, dauted thac cay,

for the issue of a bankrupuey notieve, With it be leuacd, 33

requared by Ruic 7(7) cof the Barts retew #ulec., o cortifireete: of judgment, ane copies of a formct bankruptey sottee for siqnaturc

by the Registrir, Pach of tiese vapies peerueG tac the Sap ata

Eas sli

Commissioner had claimed "that the sum of $27,548.65 1s due by you to ham under a final judgment obtained by him in the Supreme Court of New South Wales on the twenty-ninth day of December 1975, being the amount of a judgment the execution of which

has not been stayed ($26,364.08) together witn interest at

the rate of ten dollars per centum per amnuwn from the twenty- ninth day of December 1975 to the date of this notice ($1,184.57)", and required the debtor to pay the sum of $27,548.65 or, in the usual terms, to secure or cemround.