Wong; ex parte Kitson [1979] FCA 152

CATCHVORDS

Bankruptcy - bankruptcy notice - incorrect date of ! judgment specified in notice - whether notice vitiated -

whether debtor could be misied - application of s. 306.

Bankruptcy ~ bankruptcy notice - judgment founded upon District Court action - whether interest forms part of "the judgment debt" such that a failure to claim interest

vitiates the notice,

Bankruptcy - bankruptcy notice - failure to include the word "or" between paragraphs (a) and (b) of the bankruptcy notice - paragraphs (a) and (0) being aiternatives are to be vead disjunctively - whether defect renders notice a

nullity ~ whether debtor could reasonably be misled - notice

vitiated.

Bankruptcy -—- application to go behind the judgment which founded the bankruptcy notice - circumstauces in which a court of bankruptcy will go behind a judginent - whether a court will examine the question of liability immeciately or hear an application to determine if the inquiry should be émbarked upon.

RE: ANDREW WONG EX PARTE: BARBARA ANN KITSON

NO. P 179 of 1979

LOCKHART J.

SYDNEY : 22 OCTOBER 1979

CATCHWORDS

Bankruptcy - bankruptcy notice - incorrect date of judgment specified in notice -~ whether notice vitiated ~

whether debtor could be misled - application of s. 306,

Bankruptcy - bankruptcy notice - judgment founded upon District Court action -— whether interest forms part of

"the judgment debt" such that a failure to claim interest

vitiates the notice.

Bankruptcy - bankruptcy notice - failure to include the word "or" between paragraphs (a) and (b) of the bankruptcy notice ~ paragraphs (a) and (vb) being alternatives are to

be read disjunctively - whether defect renders notice a nullity - whether debtor could reasonably be misled - notice

vitiated.

Bankruptcy - application to go behind the judgment which founded the bankruptcy notice - circumstances in which a court of bankruptcy will go behind a judgment - whether a court will examine the question of liability immediately or hear an application to determine if the inquiry should be embarked upon.