Federal Court of Australia
CATCHWORDS
CONTRACT - bankruptcy notice - allegation of compounding - whether concluded agreement - rectification.
MISTAKE - rectification - evidence of subsequent events - unilateral mistake - knowledge of mistake.
Re: Kenneth Peter Taylor & Ors.
National Westminster Finance Australia Limited
QLD BN1546 of 1985
PINCUS J. BRISBANE 7 May 1986
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD BN1546 of 1985
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: KENNETH PETER TAYLOR, ROBIN ANNETTE TAYLOR, PETER SVEND HENNINGS and KAY HENNINGS
Applicants
NATIONAL WESTMINSTER FINANCE AUSTRALIA LIMITED
Respondent
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J.
DATE OF ORDER: 7 May 1986 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. It be declared that an agreement was made on 17 October 1985 between the applicants and the
respondent by which the judgment debt of 28 February 1985 was to be extinguished in
consideration of payments totalling $10,000.
2. The bankruptcy notice issued against the applicants on 5 August 1985 he struck out.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISTON ) QLD BN1546 of 1985
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: KENNETH PETER TAYLOR, ROBIN ANNETTE TAYLOR, PETER SVEND HENNINGS and KAY HENNINGS
Applicants NATIONAL WESTMINSTER FINANCE AUSTRALIA LIMITED Respondent PINCUS J. 7 May 1986
REASONS FOR JUDGMENT
The applicants are judgment debtors who seek a declaration that they compounded to the satisfaction of the
judgment creditor, the respondent.
The judgment was obtained on 28 February 1983 in a sum of $1,046,971.42. A bankruptcy notice was issued on 5 August 1985 and the time for compliance with it was extended first to 25 October 1985 and then to 6 December 1985. According to the applicants' case, the compounding mentioned occurred during the
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