Joseph Hedrlin v. The Properties of Strata Plan No 3670 [1983] FCA 90

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IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

No. P 245 of 1983 BANKRUPTCY DISTRICT OF THE STATE

OF NEW SOUTH WALES AND THE

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AUSTRALIAN CAPITAL TERRITORY

Re: Joseph Hedrlin

Ex parte: The Proprietors of Strata Plan No.3670

CORAM: Evatt Jd.

24 May 1983 REASONS FOR JUDGMENT

On 28 February 1983 a Deputy Registrar of the Court gave notice that the creditor's petition herein,dated 22 November 1982 would be heard on 17 May 1983. Service of the petition with such notice duly endorsed thereon was effected on the debtor on

23 March 1983.

On 26 April 1983 the debtor Joseph Hedrlin filed herein a six page typed document entitled "Notice of Intention to Opose

(sic) Petition".

When the petition was called on at approximately 10.30 a.m. On 17 May 1983 Mr Bush, solicitor of the firm of Hones and Ledingham, Solicitors of 44 Market Street, Sydney, appeared for

the petitioning creditor whilst the debtor appeared in person.

The parties having then indicated that the matter would be long the matter was stood down in the list. At about 3.30 p.m. On

that day it was clear that the matter would not be reached and

consequently was stood over until noon, 18 May 1983.

When the matter was called on for hearing at about 12.15 p.m. on 18 May 1983 the appearances were as indicated. Mr Bush objected to the document purporting to be a notice of Opposition to the petition on the ground that such notice did not set out or refer to any statement in the petition that the debtor intended to deny or dispute or any other ground on which he intended to oppose the petition as is provided for in r.20 of

the Bankruptcy Rules.

Rule 20 provides: "Notice of Opposition to Petition

20. A debtor who intends to deny or dispute a statement in a petition or

Oppose a petition on any other ground shall, not less than 3 days before the hearing date of the petition -