Federal Court of Australia
CATCHWORDS Bankruptcy - bankruptcy notice - whether notice claims a sum
of money in excess of the sum to which the petitioning ereditor is entitled pursuant to judgment of Supreme Court - notice based on Court of Appeal order varying order of Supreme Court - order of Court of Appeal omitting reference to interest wheras order of Supreme Court specified interest
- whether bankruptcy notice defective -—- necessity to
incorporate documents by reference - no defect in notice.
Bankruptcy - service of petition - necessity for strict
compliance with the rules - whether petition ending up
in the physical possession of the debtor is personal service -
relief from non complaince with the rules.
Bankruptcy - secured creditor - mortgage by third party to petitioning creditor - debtor acting as guarantor under the mortgage -— third party holding security on trust for the debtor - petationing creditor having no knowledge of
trust - whether petitioning creditor a secured creditor.
RE: JAMES LOUIS FLORANCE EX PARTE: TURIMETTA PROPERTIES PTY. LIMITED
NO. F 309 OF 1979 LOCKHART J.
17 SEPTEMBER 1979
/
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE No. P 309 of 1979 OF NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY
RE: JAMES "LOUIS FLORANCE EX PARTE: TURIMETTA PROPERTIES PTY, LIMITED ORDER JUDGE MAKING ORDER: LOCKHART J. WHERE MADE; SYDNEY DATE OF ORDER: 17 SEPTEMBER 1979
THE COURT ORDERS THAT:
The petition be adjourned to a date to be fixed by arrangement between counsel and my associate for the purpose of hearing any application hy the petitioning creditor to amend the
petition following the delivery of my reasons for judgment.
ak ed Be at SPIT A NN kee ae iy Nata ARLE ECL ah tape Laan bean beattlin ARine Shel erated abe tate Kata peer = ah weet od Steet %
RS en ee eos
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