Ali, David Ex Parte Abda Lahood [1979] FCA 22

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

Bankruptcy District of the State of

New South Wales and the Australian No. P.1582 of 1978

Capital Territory

Re: ALI DAVID Debtor

Ex parte: ABDA_LAHOOD

Creditor EVATT J. 15 March, 1979

REASONS FOR JUDGMENT

The bankruptcy petition herein, dated 13 October 1978, was presented on 5 December 1978 when the matter was fixed for hearing for 27 February 1979. On the latter date Mr Dowdy of Counsel appeared for the judgment debtor and Miss Marlow of Counsel appeared for the petitioning creditor .

Mr Dowdy then informed the Court that, if the petitioning creditor sought to proceed, his original instructions were to seek an adjournment of the proceedings upon grounds which are not material to this judgment. On Miss Marlow objecting to any adjournment Mr Dowdy informed the Court that before making his application for an adjournment he, having had an opportunity, during the time whilst he was waiting for the matter to be called on for hearing, of inspecting the bankruptcy notice and the petition filed herein, wanted first to submit that the bankruptcy notice was invalid and consequently to

ask that an appropriate order be made. ae/2.e

Mr Dowdy submitted that the invalidity resulted from the fact that whereas the bankruptcy notice claimed that the sum of $5,000 together with an amount of $548.00 being interest thereon was due by the debtor to the judgment creditor under a final order obtained in the District Court held at Sydney on 21 June 1977, the petition in paragraph 2 thereof claimed that the debtor was "indebted in the sum of $8,644.94 being the sum of $5000 judgment debt and taxed costs of $3644.94 together with interest theron being the amount due under the final judgment recovered in the District Court at Sydney on 21 June 1977, the consideration for such debt being final judgment obtained in the proceedings commenced by the creditor for breach