Re Williams, William Leslie Ex Parte General Credits Ltd [1983] FCA 35

CATCHWORDS

Bankruptcy - bankruptcy notice - validity - stay of execution on judgment ~- understatement of amount of judgment - description

of amount due ~- cure of defect

BANKRUPTCY ACT 1966 s.41(3((5) (6). s.306(1)

Re: WILLIAM LESLIE WILLIAMS Ex Parte: GENERAL CREDITS LIMITED

Fisher J. Adelaide

11 March 1983.

IN THE FEDERAL COURT OF AUSTRALIA

No. 1039 of 1982

SOUTH AUSTRALIA DISTRICT REGISTRY

BANKRUPTCY DISTRICT OF THE

) ) ) ) GENERAL DIVISION ) ) ) ) )

STATE OF SOUTH AUSTRALIA ®

Re: WILLIAM LESLIE WILLIAMS

Judgment Debtor

and

" GENERAL CREDITS LIMITED

Judgment Creditor

OR DER

JUDGE MAKING ORDER 3 Fisher J. WHERE MADE : Adelaide DATE 3 11 March 1983

THE COURT ORDERS THAT:

1. The bankruptcy notice served on the debtor is invalid

2. The creditor pay to the debtor his costs of these proceedings,

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY No. 1039 of 1982

BANKRUPTCY DISTRICT OF THE

) ) ) ) GENERAL DIVISION } ) ) )

STATE OF SOUTH AUSTRALIA

Tan Ee

Re: WILLIAM LESLIE WILLIAMS

Judgment Debtor - and - / GFNERAL CREDITS LIMITED

Judgment. Creditor

CORAM: Fisher J.

11 March 1983

REASONS FOR JUDGMENT

In this matter William Leslie Williams ("the debtor") makes application to set aside on the ground of its invalidity bankruptcy notice No. 1039 of 1982. General Credits Limited ("the creditor") served the debtoz with the bankruptcy notice on 21 October 1982.

On 8 November 1982 the debtor through his solicitors filed in this Cour the application to set aside the bankruptcy notice which application together with an affidavit in support was served upon the solicitors for the creditor. To the extent that the debtor was required to

comply with the provisions of s.41(5) of the Bankruptcy Act 1966

("the Act") it was common ground that he had given 'the -necessary - an

notice within the time allowed by the bankruptcy notice for payment.