Federal Court of Australia
-_ CATCHWORDS Bankruptcy - Bankruptcy Notice - Application to set aside -
Whether execution of District Court judgment stayed by District Court Registrar not considering "forthwith" debtor's application for instalment order - Whether notice which incorrectly states
"place" for payment of the debt fundamentally defective. -
Bankruptcy Act 1924 s. 52.
Bankruptcy Act 1966 ss. 40, 41. District Court Act 1973 (N.S.W.) ss. 4, 87, 88, 195.
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MICHAEL ALAN FRANCIS EX PARTE: HAROLD BORRODELL GARTRELL
No. B1925 of 1983
Lockhart J. Sydney 1 July 1983
IN THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT OF THE No. B1925 of 1983
STATE OF NEW SOUTH WALES AND
THE AUSTRALIAN CAPITAL TERRITORY
RE: MICHAEL ALAN FRANCIS EX PARTE: HAROLD BORRODELL GARTRELL
ORDER JUDGE MAKING ORDER : Lockhart J. DATE OF ORDER : 1 July, 1983 WHERE MADE : Sydney
THE COURT ORDERS:
(1) That the Bankruptcy Notice 1925 of 1983 be set aside.
(2) That the creditor pay one half of the debtor's costs including reserved costs and the costs of 28 June 1983
when this hearing commenced.
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE No. B1925 of 1983
STATE OF NEW SOUTH WALES AND
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THE AUSTRALIAN CAPITAL TERRITORY
RE: MICHAEL ALAN FRANCIS
EX PARTE: HAROLD BORRODELL GARTRELL
CORAM: Lockhart J.
1 July, 1983
REASONS FOR JUDGMENT
EX TEMPORE
LOCKHART J: I propose to give judgment now as I have reached a firm view as to the result of the case, The helpful arguments of counsel for the creditor and of the solicitor for the debtor have
facilitated that course.
This is an application to set aside a bankruptcy notice as invalid. The applicant debtor was the defendant in an action brought in the District Court of New South Wales at Dubbo by the
respondent creditor as plaintiff.
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On 19 March 1982 the creditor recovered judgment against the debtor for $3,000 following a contested hearing. An appeal was lodged to the Supreme Court of New South Wales from that judgment, but was later dismissed by consent. On 17 December 1982 the debtor lodged an application with the registrar of the District Court at
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