Re McCormac, L. v. Ex parte Taylor, H.A.F.C. [1985] FCA 453

453 CATCHHORDS

BANKRUPTCY - Order for substituted service of bankruptcy notice not precisely complied with - Whether formal defect or irregularity or whether service of bankruptcy notice nullified - Whether substantial and irremediable injustice caused - Defect raising possible technical defence not necessarily misleading within section 306 - Defect of procedure not adversely affecting

debtor - Section 306 applied.

Bankruptcy Act 1966 s.306(1)

Pillai v. Comptroller of Income Tax [19703 AC 1124 Re Long (1975) 6 ALR 338

Re Florance; Ex parte Turimetta Properties Pty. Ltd. (1979) 36 FLR 256

RE: McCORMAC; EX PARTE: TAYLOR

No. P. 690 of 1985

Burchett J. Sydney 13 September 1985

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISTON BANKRUPTCY DISTRICT OF THE STATE

No. P.690 of 1985

OF NEW SOUTH WALES AND THE

AUSTRALIAN CAPITAL TERRITORY

RE: LEIGH McCORMAC

EX PARTE: HERBERT ALBERT FREDERICK CHARLES TAYLOR

MINUTE OF ORDER OF THE COURT

Judge Making Order: Burchett J.

Date of Order: 13 September, 1985

Where made: Sydney

THE COURT ORDERS THAT:

(1)

(2)

(3)

(4)

(5)

I find the debtor has committed the act of bankruptcy alleged in the petition.

Iam satisfied of proof of the other matters of which the Act requires proof.

I note that Richard John Grellman, a registered trustee, has consented to act as the trustee of the estate of the debtor.

I make a sequestration order against the estate of the debtor.

I order that costs (including reserved costs) be taxed and paid according to the Act.

JA 2.

(6) I direct that a draft of this Order be delivered to the Registrar within seven days in accordance with Rule 124(2).

NOTE: Settlement and entry of orders is dealt with in Order 36

of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

No. P.690 of 1985 BANKRUPTCY DISTRICT OF NEW SOUTH

WALES AND THE AUSTRALTAN CAPITAL