Federal Court of Australia
ag =
Banke Upicy - creditor oc petition - change of name of corporate
in
judgment creditor prior to issue of bankruptcy notice - whether notice invalid - test to se applied - likelihood of debtor being
misled - effect of provision in Companies (Western Australia) Code
relating to change of name
Bankruptcy Act 1966 Companies (Western Australia) Code sub-s.65(1)
Re Gerrard Graeme Crisafulli; Ex parte National Commercial Banking Corporation of Australia Limited
No. P 108 of 1985
TOOHEY 7. PERTH
8 JULY 1985
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
No. P 108 of 1985
wee ww we
RE: GERRARD GRAEME CRISAFULLI
Debtor EX PARTE: NATIONAL COMMERCIAL BANKING CORPORATION OF AUSTRALIA LIMITED
Creditor
MINUTE OF ORDER
JUDGE NG ORDER : Toohey J. DATE OF ORDER : 8 July 1985 WHERE MADE : Perth
THE COURT ORDERS THAT:
The petitition be adjourned until 22 July 1985 at 10 a.m.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
IN THE FEDERAL CuuRT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
No. P 108 of 1985
~~ ewer rv
RE: GERRARD GRAEME CRISAFULLI
Debtor
EX PARTE: NATIONAL COMMERCIAL BANKING CORPORATION OF AUSTRALIA LIMITED
Creditor
CORAM: TOOHEY J.
8 July 1985
REASONS FOR JUDGMENT
This a petition for a sequestration order against the
estate of Gerrard Graeme Crisafulli.
The act of bankruptcy relied on is a judgment of the District Court of Western Australia obtained against Mr Crisafulli by National Commercial Banking Corporation of Australia Limited ("the judgment creditor") on 18 January 1984. On 21 November 1984 the judgment creditor requested the issue of a bankruptcy notice; a notice issued that day. On 1 October 1984, that is after judgment had been obtained but before issue of the bankruptcy notice, the judgment creditor (which had originally heen called The National Bank of Australasia Limited) changed its name from National Commercial Banking Corporation of Australia Limited to National Australia Bank Limited. No reference was made in the
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