Federal Court of Australia
CATCHWORDS Bankruptcy - application to have bankruptcy notice set aside - effect of a bankruptcy notice claiming an amount 1n excess of sum owed - s. 53(ii) Bankruptcy Act. 1966 - misleading to debtor test - strict
construction of bankruptcy notices - bankruptcy notice invalid - should be set aside.
Bankruptcy Act, 1966 s.53(ii)
Re: RONALD DAVID GREENHILL ex parte: MYER (NSW) LIMITED
No. B 4056 of 1984
Morlinag J. 6 December 1984
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT
) ) ) ) OF THE STATE OF NEW SOUTH WALES ) No. B4056 of 1984 ) AND THE AUSTRALIAN CAPITAL )
)
)
TERRITORY RE: RONALD DAVID GREENHILL Ex parte: MYER (NSW) LIMITED ORDER JUDGE MAKING ORDER : Morling J. DATE OF ORDER : 6 December 1984 WHERE MADE : Sydney
THE COURT ORDERS AS FOLLOWS:
1. Bankruptcy notice set aside.
2. Respondent to pay applicant's costs.
IN THE FEDERAL COURT OF AUSTRALTA
GENERAL DIVISTON BANKRUPTCY DISTRICT
OF THE STATE OF NEW SOUTH WALES No. B4056 of 1984
AND THE AUSTRALIAN CAPITAL
wee wD
TERRITORY
RE: RONALD DAVID GREENHTLE
Ex parte: MYER (NSW) LIMITED
CORAM: Morling, Jd. DATED: 6 December 1984
REASONS FOR JUDGMENT
This case raises a nice question as to the validity of a bankruptcy notice. On 4 September 1984 Myer (NSW) Limited (the judgment creditor) served a bankruptcy notice on Ronald David Greenhill (the judgment debtor) requiring him to pay the sum of $4,587.84 within twenty-one days of service of the notice. This sum was expressed to be due under a final judgment for $4,426.50 recovered against the judgment debtor in the Court of Petty Sessions at Castlereagh Street Sydney,
together with interest on the judgment.
It is common ground between the parties that prior to
the entry of the judgment the debtor had paid the sum of $200
2.
to the judgment creditor in respect of his indebtedness and that accordingly judgment was wrongly entered for the sum of $4,426.50. The amount for which the judgment should have been
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