Northern, R.P. v Deputy Commissioner of Taxation [1986] FCA 52

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VICTORIA ) RE. RALEH PP. NOPTHERN Debtec EX PARTS: DEPUTY COMMISSIONER iF TAVATT Petationiang Ureditic

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IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE OF No. P985 or 19385

VICTORIA RE: RALPH P. NORTHERN Debtor Ex PARTE: DEPUTY COMMISSIONER OF TAXATION

Petztioning Creditor COPAM: JACKSON J. DATE: 4th February 1986 PLACE: MELBOURNE

REASONS FOP JUDGMENT

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On the hearing of a petition for a sequestration order, Mr Scheid, for the petitioning creditor, drew my attention to the fact that the bankruptcy notice relied on by the petitzoning creditor ccntained an error, in that whilst it yeferred to the correct sum as being due, it referred

incorrectly to a sum which the debtor had paid to reduce tne

amcunt due as being "$700." anstead of "$7."

2.

Iam satisfied, in terms of 5.306(1) of the Bankruptcy Act 1966,that the incorrect statement of the sum as "s7oo"rather than as "$7." 1s a "formal defect" or "irregularity". I am not of the opinion that substantial injustice has been caused by it. Accordingly, I shall proceed

to make a sequestration order.

Tam satisfied that the debtor has committed the act of bankruptcy alleged in the petition. 1 am satisfied with the proof of the other matters, of which s.52(1) of the Act requires proot. I note that Ronald D. Widdows, 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. I darect that a draft of this order be delivered to the Registrar within seven days in

accordance with r.124.

I certify that this and the / preceding page¢ @fe a true copy of the Reasons for Judgment herein of