Northern, R.P. v Deputy Commissioner of Taxation [1986] FCA 52
Federal Court of Australia
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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
ta,
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
his Honour Mr Justice Jackson.
Associate: Da
Date: 2¢ 2 96 L