Federal Court of Australia
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IN THE FEDER4¢L COURT OF AUSTRALIA EXERCISING FEDRRAL JURISDICTION IN BANKRUPTCY
BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
Plaint No. B 942 of 1983
re; DIANNE VELLA EX parte: MICHAEL THOMAS SEYMOUR CORRIGENDA
~
Amendment to the judgment of his Honour
Mr Justice Morling of 10 June 1983:
p. 9 1.3 "upon" altered to "Upon"
p. 9 1.13 "(1989) altered to "(1898)"
R.A. MORLING 22 August 1983 ASSOCIATE TO MORLING J.
CATCHWORDS
Bankruptcy - default judgment in District Court - service of bankruptcy notice ~- expiry of bankruptcy notice - subsequent setting aside of District Court judgment - application to set aside bankruptcy notice after
commission of act of bankruptcy - application refused
Bankruptcy Act 1966 (as amended) ss. 30(1), 40(1) (qa), 41(6A)
DIANNE VELLA v. MICHAEL THOMAS SEYMOUR
No. B942 of 1983
Moriing J. 10 June 1983
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
EXERCISING FEDERAL JURISDICTION
IN BANKRUPTCY Plaint No B942 of 1983 BANKRUP''CY DISTRICT OF THE STATE
OF NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY
RE: DIANNE VELLA RESPONDENT : MICHAEL THOMAS SEYMOUR ORDER JUDGE MAKING ORDER : Morling J.
DATE OF ORDER 1G June 1983
WHERE MADE : Sydney
THE COURT ORDERS: 1. Application dismissed.
2. Debtor to pay petitioning creditor's costs.
IN THE FEDERAL COURT OF AUSTRALIA
EXERCISING FEDERAL JURISDICTION
IN BANKRUPTCY Plaint No B942 of 1983 BANKRUPTCY DISTRICT OF THE STATE
OF MEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY
re: DIANNE VELLA Ex parte: MICHAEL THOMAS SEYMCUR Morling J. 10 June 1983
REASONS FOR JUDGMENT
Dianne Vella ("the debtor") has applied to have a
bankruptcy notice served upon her set aside. Mhe application
raises a nice point of law which, so far as counsel's and my
own researches go, is free from authority precisely in point. The application arises in this way. On 6 December
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