Federal Court of Australia
l7oO
Bankruptcy - Bankruptcy Act 1966 - application by creditor for sequestration order against estate of debtor - act of bankruptcy
under s.40(1)(g) - time limited for compliance with Bankruptcy Notice - petition executed by creditor prior to expiration of Notice - petition executed in anticipation of failure to comply -
petition later verified by affidavit - whether irregularity -
whether proceedings invalid.
Bankruptcy Act 1966 3s.40(1)(g); s.41(7); 3.52(1) Bankruptcy Rules 195(2)
Cases
Maud: Ex parte Townsend (1891) 8 MOR 144;
re Dickson and Mackay (1924) 24 SR NSW 565,
re Prow: Ex parte Dalgety Farmers' Ltd (1984) 5 FCR 233 Ex parte Coates in re Skelton (1877) 5 CH D 979
re The Debtor v. Petitioning Creditor and Official Receiver (1933 B at CR 53)
Re: SHIRLEY RAE MOORE - Bankrupt Ex Parte: MGICA LID - Creditor
No. P49 of 1986 ; oy
MUIRHEAD J. PERTH 30 APRIL 1986
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF
WESTERN AUSTRALIA
No. P49 of 1986
RE: SHIRLEY RAE MOORE
Debtor EX PARTE: MGICA LTD
Creditor
CORAM: MUIRHEAD J. 30 April 1986
REASONS FOR JUDGMENT
This is an application for sequestration of the debtor''s estate made by the petitioning creditor. No notice of opposition to the application was filed and there has been no
appearance by the debtor.
On 25 October 1985 a final judgment was entered in favour of the creditor in the District Court of Western Australia, judgment not being stayed. Pursuant to that judgment $7,619.79 became due to the creditors. On 12 November 1985 a Bankruptcy Notice was issued under the hand of the Registrar in Bankruptcy. This was duly served on the debtor on 10 January 1986. By its terms it required payment of the sum within 14 days after service, l.e. by 24 January 1986. No affidavit was filed by the debtor
pursuant to 3.41(7) of the Act and payment was not effected. Thus
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