Re Thomson, David Graeme Ex parte Associated Midland Corporation Ltd [1981] FCA 30

CATCHWORDS Bankruptcy - bankruptcy notice - notice issued claiming part of judgment debt - at time of issue stay of part of judgment in force - at time of service stay had ceased to operate - whether notice makes it clear exactly what is claimed to be due on

judgment debt.

Bankruptcy Act, 1966 (Cth.) s. 41

RE: DAVID GRAEME THOMSON EX PARTE: ASSOCIATED MIDLAND

CORPORATION LIMITED NO. B76 OF 1981 LOCKHART J. MONDAY 23 MARCH 1981

AT SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE No. B 76 of 1981 OF NEW SOUTH WALES AND THE

ee ee ew ws

AUSTRALIAN CAPITAL TERRITORY

RE: DAVID GRAEME THOMSON

EX PARTE: ASSOCIATED MIDLAND CORPORATION LIMITED

ORDERS JUDGE MAKING ORDERS: LOCKHART J. WHERE MADE: SYDNEY DATE OF ORDERS: MONDAY 23 MARCH 1981

THE COURT ORDERS THAT:

1. Bankruptcy notice No. B76 of 1981 be set aside 2. The respondent pay the applicant's costs including

reserved costs.

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE No. B 76 of 1981 OF NEW SOUTH WALES AND THE

eed

AUSTRALIAN CAPITAL TERRITORY

RE: DAVID GRAEME THOMSON

EX PARTE: ASSOCIATED MIDLAND CORPORATION LIMITED

REASONS FOR JUDGMENT LOCKHART J.

AT SYDNEY 23 Maxch 1981

This is an application to set aside a bankruptcy notice issued by a Deputy Registrar in Bankruptcy on 6 January 1981 at the request of Associated Midland Corporated Limited ("the creditor") and addressed to David Graeme Thomson ("the debtor"). It is common ground that the bankruptcy notice was served on the debtor on 24 February 1981.

The debtor attacks the validity of the bankruptcy notice on various grounds. Before turning to them'I will state the relevant facts.

The creditor lent $45,000.00 to two companies in July 1973, repayment of which was guaranteed by the debtor.

The companies defaulted in their payments to the creditor who requested payment from the debtor. He did not