Federal Court of Australia
Ke fai td dey
CATCHWORDS ~~
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Bankruptcy = Bankruptcy Notice -- Order of the High
Court of Australia varying an order of the Supreme
Court of New South Wales - Description of final order within the Sankruptcy Notice - Whether execution can issue upon such an order of the High Court - Necessity for strict compliance with a Bankruptcy Notice ~ Test
to be applied in determining whether the debtor has
been misled ~ Court's right to consider facts extraneous to the Bankruptcy Notice - Whether there was a capacity
to mislead "the" debtor or some "hypothetical" debtor -
s. 306 Bankruptcy Act 1966
Ke Wirndeave , Ex Pere The Dearie
20 PReIL IATA B95) \a74
P RECER 3 | O23UL1993 =
AL
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE No. B 85 of 1979
OF NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY
IN THE MATTER OF The Bankruptcy Act 1966
AND IN THE MATTER of an application to set aside hankruptcy notice
RE: RAYMOND JOSEPH WIMBORNE EX PARTE: THE DEBTOR
JUDGE MAKING ORDER: LOCKHART 3.
DATE OF ORDER: 20 APRIL 1979
WHERE MADE: , SYDNEY
THE COURT ORDERS THAT:
The application be dismissed Applicant to pay the respondent's costs of the application
including reserved costs.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF No. B 85 of 1979 NEW SOUTH WALES AND THE AUSTRALIAN
CAPITAL TERRITORY
IN THE MATTER OF The Bankruptcy Act 71966
AND IN THE MATTER of an application to set aside bankruptcy notice
RE: RAYMOND JOSEPH WIMBORNE
EX PARTE: THE DEBTOR
20 Doc! 4979 LOCKHART 3.
REASONS FOR JUDGMENT
This is an application to set aside a bankruptcy notice issued by a deputy registrar in bankruptcy on 8
January 1979,
The applicant is Raymond Joseph Wimborne, one of the two judgment debtors. The respondent is John Edward
Walker the judgment creditor.
The bankruptcy notice so far as material provides:-
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