Federal Court of Australia
CATCHWORDS
Bankruptcy - Validity of bankruptcy notice - Word omitted.
Bankruptcy Act, 1966, $8.41(2) (A) (II) ,306 James v F.C.T. £19553 93 C.L.R. 631-CON.
KATHLEEN ANNE STEAD MERWFIELD v COMALCO ALUMINIUM LIMITED
No. P1615 of 1983
CORAM: Beaumont, J.
7 March 1984
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
BANKRUPTCY ACT
No. P1615 of 1983
RE: KATHLEEN ANNE STEAD MEREFIELD EX PARTE: COMALCO_ ALUMINIUM LIMITED QRDER
JUDGE MAKING ORDER: Beaumont, J.
WHERE MADE: Sydney
DATE:
7 March 1984
THE COURT ORDERS THAT:
Make a sequestration order against the estate of the
debtor.
Make no order for costs of the argument on 6 March 1984; otherwise order that costs Cincluding reserved costsJ be taxed and paid according to the Act.
Direct that a draft of this order be delivered to the
Registrar within seven days in accordance with R.124(2).
BANKRUPTCY ACT
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE STATE OF No. P1615 of 1983
NEW SOUTH WALES AND THE AUSTRALIAN
) ) ) ) ) ) )
CAPITAL TERRITORY
RE: KATHLEEN ANNE STEAD MERSFIELD EX PARTE: COMALCO ALUMINIUM LIMITED
CORAM: Beaumont, J.
7 March 1984 REASONS FOR JUDGMENT
In this petition, the debtor seeks to oppose the making of a sequestration order upon the ground that the bankruptcy notice relied on by the petitioner was invalid. The notice, so
far as material, was in these terms:
"THEREFORE TAKE NOTICE that within 14 days after service of this notice on you, excluding the day on which this
notice is served on you, you are required:
(a) to pay the sum of $24,825.41 so claimed by the judgment creditor to The Reqistrar of the
District Court at Mena House, 225 Macquarie Street, Sydney in the State of New South
Wales; or
(b) to secure the payment of the sum referred to in paragraph (a) to the satisfaction of the Federal Court of Australia or the judgement creditor or compound the sum so specified to the satisfaction of the judgment:"
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