Application to set aside Bankruptcy notice Lock, Anthony [1983] FCA 37

/ Ate. THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE OF No.B3638 of 1962

NEW SOUTH WALES AND THE AUSTRALIAN

CAPTTAL TERRITORY

APPLICATION TO SET ASIDE BANKRUPTCY

NOTICE

ANTHONY LOCK

The Debtor (Applicant)

18 March 1983 EVAIT J. REASONS FOR JUDGMENT

This matter was originally listed before the Court seeking an order that the time to comply with a bankruptcy notice duly served upon the applicant Anthony Lock (the debtor) be extended in order that he might apply to the District Court at Lismore to set aside a default judgment recovered against him on 8 July 1982 by Peter Michael Mortimer, the judgment creditor named in the said bankruptcy notice, in a sum totalling $16956.00. As the time for compliance with the bankruptcy notice when the matter was called on had expired no order extending such time was then possible. However the parties agreed that the Court hear and determine an application that the bankruptcy notice be set aside on e1ther or both of two grounds. After hearing argument in regard to these grounds, the Court determined that the bankruptcy notice herein was valid. At that time the Court conmitments were such that full reasons for such determination could not then be given and the Court indicated that 1t would publish such reasons

for judgment 1f requested to do so. One of the parties has recently

oe/2ee

ue

-2-

made such a request and the Court accordingly publishes these reasons.

The two grounds which the debtor claimed invalidated the bankruptcy notice flowed from the wording of the first paragraph thereof. The bankruptcy notice form 1s one printed by Penfolds Stationers. The

first paragraph of the notice so far as is relevant reads:

" WHEREAS Peter Michael Mortimer (address shown)( hereinafter referred to as "the judgment creditor") has claimed that the balance/sum of $16956.00 together with interest thereon at