Federal Court of Australia
CATCHWORDS
Bankruptcy - Bankruptcy notice - Application for dismissal of creditors' petition -dismissal by consent - Application for costs - Whether notice which incorrectly states name of court to whom debtor may apply to set aside notice if he has counter claim fundamentally defective - Validity of notice ~ Whether
defect could reasonably have misled the debtor.
Bankruptcy Act, 1966 ss.41(1), 306
Re Louis K. Williams; Ex parte Robert John McCourt and William Geoffrey Halliday
No. P816 of 83
Beaumont, J. Sydney.
18 October, 1983.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT THE STATE OF
NEW SOUTH WALES AND THE
eee ewe SSS ES
AUSTRALIAN CAPITAL TERRITORY No. P816 of 1983
RE: LOUIS K. WILLIAMS
EX PARTE: ROBERT JOHN McCOURT AND WILLIAM GEOFFREY HALLIDAY
ORDERS Judge making orders: Beaumont, J. Date orders made: 18 October, 1983. Where made: Sydney. THE COURT ORDERS THAT: 1. That the petition be dismissed. 2. That there be no order as to costs save for the
order made by McGregor, J. on 8 August, 1983.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT THE STATE OF
NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY
No. P816 of 1983
RE: LOUIS K. WILLIAMS
EX PARTE: ROBERT JOHN McCOURT AND WILLIAM GEOFFREY HALLIDAY
CORAM: Beaumont, J.
DATED: 18 October, 1983.
REASONS FOR JUDGMENT
The debt of the petitioning creditors in this matter has now been paid. The petitioners thus seek the dismissal of the petition and an order that the debtor pay their costs. The debtor claims that the bankruptcy notice grounding the petition 1s bad and whilst he urges the dismissal of the petition, he contests any liability for costs. Another creditor has fore- shadowed an application to be substituted as petitioner in the
event that the bankruptcy notice is not defective.
The bankruptcy notice here required the debtor to secure the payment of the debt to the satisfaction of the Court of Petty Sessions and to satisfy the Court of Petty Sessions that he had a counter-claim, set-off or cross demand instead of referring to this Court in this connection. The references
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate