Re; David Anthony McCarthy the Debtor (the applicant) [1984] FCA 438

CATCHWORDS

Bankruptcy - evidence of service of bankruptcy notice and petition - sequestration order - application to annul bankruptcy - neither bankruptcy notice nor petition served - bankruptcy annuiled

Bankruptcy Act 1966, s. 154

Re: DAVID ANTHONY McCARTHY: THE DEBTOR (THE APPLICANT)

No. W 879 of 1984

-Morling J. 21 November 1984

Sydney

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION BANKRUPPCY DISTRICT

OF THE STATE OF NEW SOUTH WALES No. W 879 of 1984

AND THE AUSTRALIAN CAPITAL

TERRITORY

Re: DAVID ANTHONY McCARTHY; THE DEBTOR (THE APPLICANT)

ORDER JUDGE MAKING ORDER 3 Morling J. DATE OF ORDER : 21 November 1984 WHERE MADE : Svdney

THE COURT ORDERS AS FOLLOWS:

1. The bankruptcy of David Anthony McCarthy

annulled.

2. The respondent is to pay the applicant's costs.

is

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT

OF THE STATE OF NEW SOUTH WALES No. W 879 of 1984

AND THE AUSTRALIAN CAPITAL

TERRITORY

Re: DAVID ANTHONY McCARTHY; THE DEBTOR (THE APPLICANT)

CORAM: Morling, J. DATED: 21 November 1984

REASONS FOR JUDGMENT

. This is a most unusual case. The applicant is a solicitor against whom a judgment for the sum of $10,581.69 was recovered by the petitioning creditors on 16 March 1984. He did not satisfy that judgment. Thereupon the petitioning creditors caused a bankruptcy notice to be issued from this court, the act of bankruptcy relied upon being the failure to comply with the terms of the District Court judgment. The solicitors for the petitioning creditor apparently put the bankruptcy notice into the hands of process servers for service. According to Mr Lesley Thomas Hardy, an employee of

the firm of process servers, on 11 June 1984 he went to

premises at 98 Trevenar Street, Ashbury, and identified the

debtor by asking his name and whether he was the person

referred to in the bankruptcy notice which he produced.