Federal Court of Australia
CATCHWORDS
Bankruptcy - bankruptcy notice - time for compliance extended to specified date or further order ~ no further extension sought on specified date ~- whether act of
bankruptcy committed.
Bankruptcy Act 1966 Cth.
HAROLD THURGOOD and HELEN MARY THURGOOD Applicants
THE NATIONAL BANK OF AUSTRALASIA LIMITED Respondent NO. B3327 OF 1980
LOCKHART J. ~
FRIDAY 5 JUNE 1981
AT SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA )
BANKRUPTCY DISTRICT OF THE STATE OF)
NO. B3327 of 1980
NEW SOUTH WALES AND THE ) AUSTRALIAN CAPITAL TERRITORY ) RE: HAROLD THURGOOD and
HELEN MARY THURGOOD
HAROLD THURGOOD and HELEN MARY THURGOOD
Applicants
THE NATIONAL BANK OF LASIA LIMITED Respondent
REASONS FOR JUDGMENT
Friday 5 June 1981 LOCKHART J.
This is an application by Harold Albert Thurgood ("the
male applicant") and Helen Mary Thurgood ("the female applicant") (I shall refer to them together as "the applicants") to set aside bankruptcy notices, in identical form, each dated 2 July 1980, one served on the male applicant and the other on the female applicant.
The applicants are husband and wife.
The bankruptcy notices were issued by a District Registrar in Bankruptcy at the request of The National Bank of Australasia Limited
("the respondent") following the entry of judgment by the respondent
against the applicants in the District Court of New South Wales on 21
-2-
March 1980 in the sum of $4,651.47.
The applicants ask this Court to go behind the judgment and
to set aside the bankruptcy notices on the ground that there 1s no debt
owing by them to the respondent.
Before turning to the facts it 1s convenient to refer to a question that arose early in the hearing of the application. It is necessary to relate the curial history of the application to properly
understand this question.
The application to set aside the bankruptcy notices was first listed for hearing on 20 October 1980 before me. I extended time for compliance with the requirements of the notices up to and including 27 October 1980, gave certain directions as to service of the application and affidavits in support upon the respondent. The application was at that stage ex parte and 20 October 1980 was the last day for compliance with the requirements of the notices. I adjourned the further hearing of the application to 27 October 1980 giving liberty to any party to
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate