Federal Court of Australia
zs
\9 CATCHWORDS
BANKRUPTCY - bankruptcy notice - address of creditor - authority
to receive payment - proof of inadequacy of address - notice not
set aside.
RE: MARK T. NUGENT
EX PARTE: THE ABCVENAMED (Applicant)
AND: BRIALKIM PTY LTD AND OWEN PTY LTD (Respondents)
Bankruptcy Notice No. 395 of 1985
PINCUS J. BRISBANE 29 MARCH 1985
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY NOTICE NO.
395 OF 1985
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: MARK _T. NUGENT EX PARTE: THE ABOVENAMED (Applicant)
AND: BRIALKIM PTY LTD AND OWEN PTY LTD
(Respondents) ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 29 MARCH 1985 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
The application to set aside Bankruptcy Notice No. 395 of 1985 is dismissed with
costs.
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY NOTICE NO.
395 OF 1985 BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: MARK T. NUGENT
EX PARTE: THE ABOVENAMED (Applicant)
AND: BRIALKIM PTY LTD AND OWEN PTY LTD
(Respondents)
PINCUS J. 29 MARCH 1985
REASONS FOR JUDGMENT
On 11 February 1985 Brialkim Pty Ltd and Owen Pty Ltd requested the issue of a bankruptcy notice addressed to Mr Mark
T. Nugent. They produced an office copy of a judgment against Mr
Nugent, in which the two companies were said to have a registered office at c/- Lyons, Dunlop and Pratt, 8th Level, M.L.C. Centre, corner of George and Adelaide Streets, Brisbane. The Registrar issued a bankruptcy notice dated 14 February 1985 which recited that the two companies had their registered office at the place that I have mentioned and required Mr Nugent to pay the sum in
question to them or to secure the payment of 1t or compound for
it.
In the respects I have mentioned, the notice appears to me to follow Form 4 in Schedule 1 to the Rules; in particular, the requirement that the sum be paid to the judgment creditors
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