Federal Court of Australia
JUDGMENT No. wslLQurnenl cont Ae,
CATCHWORDS
Bankruptcy - Bankruptcy notice - sum specified in bank- ruptcy notice comprising balance of a judgment debt and an additional debt together with interest on both debts - Whether defects formal defects or irregularities -
Whether notice invalid.
Bankruptcy Act 1966; sections 40(1)(g), 41(5), 306(1)
No. P1697 of 1983 Re ROY BUICHER and CLIFFORD McPHARLIN Ex parte HUGHES PETROLEUM PTY. LIMITED
Neaves J. Sydney 29 May 1984.
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
) ) ; BANKRUPTCY DISTRICT OF THE STATE ) No. P1697 of 1983 ) OF NEW SOUTH WALES AND THE )
)
)
AUSTRALIAN CAPITAL TERRITORY
RE: ROY BUTCHER and CLIFFORD McPHARLIN EX PARTE: HUGHES PETROLEUM PTY. LIMITED ORDER JUDGE MAKING ORDER: Neaves fT. DATE OF ORDER: 29 May 1984 WHERE MADE: Sydney
THE COURT ORDERS THAT the petition herein be dismissed.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
OF NEW SOUTH WALES AND THE
) ) BANKRUPTCY DISTRICT OF THE STATE ) No. P1697 of 1983 ) ) ) )
AUSTRALIAN CAPITAL TERRITORY
RE: ROY BUTCHER and CLIFFORD McPHARLIN EX PARTE: HUGHES PETROLEUM PTY. LIMITED CORAM: Neaves J. DATE: 29 May 1984
REASONS FOR JUDGMENT
On 6 December 1983 a creditor's petition was presented by Hughes Petroleum Pty. Limited ("the judgment ereditor") against Roy Butcher and Clifford McPharlin ("the judgment debtors"). The petition was based on the failure of each of the judgment debtors to comply with the requirements of a bankruptcy notice issued on
18 July 1983.
The time for compliance specified in the
bankruptcy notice was 21 days after the date of service.
The evidence establishes that the bankruptcy notice was served on Mr. McPharlin on Tuesday, 19 July 1983. Assum- ing the notice to be valid (a matter to which it will be necessary to turn), he failed to comply with its require- ments on or before 9 August 1983 and thus committed an act of bankruptcy. On the application of the judgment ereditor I granted leave to amend the petition by amending that. part of paragraph 4 relating to the act of bankruptcy committed by Mr. McPharlin to read as follows -
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