Federal Court of Australia
Ah —— |
i)
CATCHWORDS
Bankruptcy - Bankruptcy Notice - Notice correctly specified
amount due when issued but not when served - Whether notice
invalid.
Bankruptcy Act 1966 - sections 40, 41 and 306
HENRY FREDERICK HEATON WALSH v.
No. G249 of 1982
Evatt, Fisher and Beaumont,JJ. 1 July, 1983
Sydney.
DEPUTY COMMISSIONER OF TAXATION
IN THE FEDERAL COURT OF AUSTRALIA
)
)
NEW SOUTH WALES DISTRICT REGISTRY ) )
)
GENERAL DIVISION No. G249 of 1982
ON APPEAL from the Federal Court of Australia
BETWEEN: HENRY FREDERICK HEATON WALSH Appellant AND: DEPUTY COMMISSIONER OF TAXATION | Respondent ORDER JUDGES MAKING ORDER: Evatt, Fisher and Beaumont, JJ. DATE OF ORDER: 1 July, 1983 WHERE MADE: Sydney
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant pay the respondent's costs of the appeal
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G249 of 1982
GENERAL DIVISION
ON APPEAL from the Federal Court of
Australia BETWEEN: HENRY FREDERICK HEATON WALSH Appellant AND: DEPUTY COMMISSIONER OF TAXATION Respondent
CORAM: Evatt, Fisher and Beaumont, JJ.
1 July, 1983.
REASONS FOR JUDGMENT
EVATT, FISHER AND BEAUMONT, Ju.
This 1s an appeal from an order of Lockhart, Jd. dismissing an application by the appellant seeking to set aside a bankruptcy notice on the ground that it required him to pay more than was due by him to the respondent creditor,
the Deputy Commissionex of Taxation. The facts, as found by
Lockhart, J., are not in dispute and are as follows.
2. On 19 August, 1981 the respondent signed judgment against the appellant in the Supreme Court of New South Wales un the sum of $25,914.75. On 23 November, 1981 a bankruptcy
notice was issued at the request of the respondent requiring
the appellant to pay the sum of $26,596.34, being the amount
of the said judgment plus interest. The appellant applied to set aside that notice on the ground that it required payment of a sum which exceeded the amount in fact due. Lockhart, Jd. set aside this notice on 28 May, 1982 (see Re Walsh; Ex parte Deputy Commissioner of Taxation (1982) 42 A.L.R. 727). The respondent issued a second notice which was set aside by
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