Federal Court of Australia
va
oor
. / 93 CATCHWORDS
Bankruptcy - creditor's petition - opposition to petition based on formal defects in bankruptcy notice - description
of petitioning creditor different to description of judgment creditor - bankruptcy notice requires debtor to pay or compound for two alternative amounts ~ whether either or both these
matters invalidate bankruptcy notice.
Bankruptcy Act 1966 (Cth.)
JOHN STUART GRAY Ex parte PERSON TO PERSON FINANCIAL SERVICES PIY. LIMITED
LOCKHART J.
NO. P1198 OF 1980 AT SYDNEY
5 NOVEMBER 1980
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE STATE OF
NEW SOUTH WALES AND THE AUSTRALIAN
CAPITAL TERRITORY
RE:
EX PARTE:
ORDERS JUDGE MAKING ORDERS: WHERE MADE:
DATE OF ORDERS:
THE COURT ORDERS THAT:
1. The petition be dismissed
2. No order as to costs be made
No. P1198 of 1980
JOHN STUART GRAY Debtor
PERSON TO PERSON FINANCIAL SERVICES PTY. LIMITED
LOCKHART J. AT SYDNEY 5 NOVEMBER 1980
IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT OF THE STATE OF
No. P1198 of 1980 NEW SOUTH WALES AND THE AUSTRALIAN
CAPITAL TERRITORY RE: JOHN STUART GRAY Debtor
EX PARTE: PERSON TO PERSON FINANCIAL SERVICES PTY, LIMITED
REASONS FOR JUDGMENT
5 Nov 1980 LOCKHART J.
This is a petition for sequestration of the estate of John Stuart Gray ("the debtor").
Although the questions are not easy, I have reached a firm view as to the answers and propose to give judgment now.
The petitioning creditor is a company called Person to Person Financial Services Pty. Limited. The act of pankruptcy on which the petition is based 1s the failure of the debtor to comply with the requirements of a bankruptcy notice issued on 22 February 1980 and served on 5 March 1980. The debtor opposes the petition on the ground that the bankruptcy notice is invalid in two respects: first, it requires the debtor to pay or compound for two alternative amounts; and second, the company described in the bankruptcy notice as the judgment creditor is a different company from the company to
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