Federal Court of Australia
oi
(P)
(i)
PANFFUPTCY - form of bankruptcy notice - service of bankruptcy
otice - misstatement in petition - service of petition - form
of affidavit of search.
Bankruptcy Act 1966, ss.49(1l){a), 306(1) Sankrurtey Rules 1968, rry.d/1>, 15.51, 1381)
tv Ww
Re Munson, Ex parte Deputy Commissioner of Taxation (1977) -L.R. 479
(Wd
F Re Manio Ex parte Deputy Commissioner of Taxation (1979) 2 A.L.R. 2
-L
as
John O'Flaherty v. American Exxress International Inc. No. P605 of 1985
Jackson J. Sydney
11 December 1985
1s Taltyte UN
It THE FEDERAL COURT OF AUSTRALIA GENEPAL DIVISION BANKRUFTCY DISTRICT OF THE STATE OF No. P6éCS of 1385
NEW SOUTH WALES AND
ee ee Bee
THE AUSTRALIAN CACITAL TEPPIPCEy
BE: JOHN O' FLAHESTY Debtor Exe FArte AMERICAN EXSPRESS INTEPNSTTONSE INC
COraAM: JACKSON J. DATE: 11 DECEMEER 198 PLACE: SYDNEY MINUTES OF CRDER
THE COURT OPDERS AS FOLLOWS:
1. There be a sequestration order acainst the estate of
the debtor. 2. Costs, ancluding the costs reserved on 24th September
1384, be taxed and paid accerding to the Act.
Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Pules.
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION )
No. P605 of 1985 BANKRUPTCY DISTRICT OF THE STATE )
OF NEW SOUTH WALES )
AND THE AUSTRALIAN CAPITAL TERRITORY )
BETWEEN: JOHN 0' FLAHERTY Debtor Ex Parte: AMERICAN EXPRESS INTERNATICNALIN Creditor CORAM: JACKSON J. PLACE: SYDNEY DATE: 11 DECEMBER 1985
REASONS FOR JUDGMENT
On the the hearing of a petition for a sequestration order under the Bankruptcy Act 1966, the act of bankruptcy relied on being that referred to in s.40(1)(g) of the Act, the making of
the order was resisted on a number of grounds.
First, it was urged that the bankruptcy notice was
defective in form because it did not add, in a number of places,
the words "and no more" after a reference to the amount of the
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