Federal Court of Australia
CATCHWORDS
BANKRUPTCY - service of bankruptcy notice - conflicting evidence of date of service - creditor's petition - power of court to goa behind judgment - whether judgment obtained by fraud - error in heading of summons on which bankruptcy notice fcunded -
misdescriptyoen of court from which summons issued - whether error
amounts to an irregularity or renders summons a nullity.
Bankrustcy Act 196F (C'th) s.40
Magistrates' (fummary Proceedings) Act 1975 (Vic)
£°0.B,9,94
FE: ALA! MORROW E¥Y PARTE: K.A. REED (GnvUP) PTY LTD
No. P 1056 of 19A4
Woodward J. Melbourne
30 July 1985
IN THE FEDERAL COURT OF AUSTRALIA
) ) BANKRUPTCY DISTRICT OF ) No. P 1056 of 1984 ) )
THE STATE OF VICTORIA
RE EX PARTE: K.A. REED (GROUP) PTY LTD Judgment Creditor
ALAN MORROW Judgment Debtor
ry
MINUTES OF ORDER
COURT: Woodward J. DATE: 30 July 1985 PLACE: Melbourne
THE COURT ORDERS THAT:
1. Upon the petitioning creditor filing fresh affidavits (a) made by a person who has searched in the indexes kept by the Registrar stating whether any bankruptcy proceedings in the District are pending against the debtor or whether' the debtor is a bankrupt; and (b) made by a person who has knowledge of the facts stating that the debt on which the petitioning creditor relies is still owing, there will be an order of sequestration against the estate of the debtor, the act of bankruptcy being the failure of the debtor to
comply with the provisions of a bankruptcy notice on on before
7 August 1984.
2. Costs, including all reserved costs, will be in
accordance with the statute.
(Settlement and entry of orders is dealt with by 0.36 of the
Federal Court Rules.)
IN THE FEDERAL COURT OF AUSTRALIA
) ) BANKRUPTCY DISTRICT OF ) No. P 1056 of 1984 ) )
THE STATE OF VICTORIA
RE: ALAN MORROW Judgment Debtor EX PARTE: K.A. REED (GROUP) PTY LTD Judgment Creditor COURT: Woodward J.
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