Federal Court of Australia
X46 CATCHHORDS
BANKRUPTCY - Whether the Bankruptcy Motice be set aside - Whether Bankruptcy Notice mis-stated the amount due - Whether misleading - Construction of contract ~ When credit given for payment into -
creditor's solicitor's trust account - Whether the offer of security made by the judgment debtors secures payment of the amount owing to the judgment creditor.
Bankruptcy Act 1966 (C'wth.) s.41
Adams yv. Bank of New South Wales [1984] N.S.W.L.R.285 In the matter of the Companies tousensland) Code and in ¥ a
the matter of Y.D. Ts
raylor & Sons Pty.Ltd. (unreported Supreme Court of Queensland of 20 December, 1984) Gilshenan & Lutan v. Commissioner of Taxation (1984)
1 Qd.R.199. Walsh v. Deputy Commissioner of Taxation (198417 54 ALUR Smallman v. Smaliman £19713 3 All E.R.717
RE: KENNETH DUDLEY TAYLOR, GARY THOMAS DON, RENO CARGNELLO (a.k.a. RINO CARGNELLOQ) (Applicants) AND: BILL ACCEPTANCE CORPORATION LIMITED (Respondent )
Bankruptcy Notice No.1781 of 1984
CORAM - _SPENDER dU. BRISBANE 5_ JUNE, 1985
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION )
No. 1781 of 1984 BANKRUPTCY DISTRICT OF THE SOUTHERN )
DISTRICT OF THE STATE OF QUEENSLAND )
RE: KENNETH DUDLEY TAYLOR, GARY THOMAS DOWN, RENO CARGNELLO (a.k.a. PINQ CAPGNELLO)
EX PARTE: KENNETH DUDLEY TAYLOR, GAPVY THOMAS DOWN RENO CARGNELLO (a.k.a. REINO CARGNELLO)
(Applicants) AND: BILL ACCEPTANCE CORPOPATION LIMITED
(Respondent)
MINUTE OF ORDER
JUDGE MAKING ORDER Spender J. DATE OF ORDER 5 June, 1985 WHERE MADE Brisbane
THE COURT ORDERS THAT: The bankruptcy notice be set aside.
The judgment creditor pay the costs of the judgment debtor,
including any reserved costs; to be taxed if not otherwise agreed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTPALIA ) GENERAL DIVISTON ) No. 1781 of 1984
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