Manias, Re N. Ex Parte Edsill Pty Ltd [1986] FCA 374

CATCHWORDS

BANKRUPTCY - creditor's petition - petitioner a company - petition executed by individual director of company - whether director had authority to present petition on behalf of company - retrospective ratification by all directors - whether effective - opening words of petition referred to individual director as

petitioner - whether formal defect or irregularity.

Bankruptcy Act 1966 ss. 33(1)(b), 306(1).

Alexander Ward & Co. Ltd. v. Samyang Navigation Co. Ltd. [1975] 1 W.LeR. 673

Danish Mercantile Co. Ltd. v. Beaumont [1951] Ch. 680 Re Spitzer; Ex parte Weltrans Agency Establishment (1979) 25 A.L.R. 447

Growden v. Wiltshire (1935) 52 C.L.R. 286

RE: NICK MANIAS; EX PARTE: EDSILL PTY. LIMITED No. P537 of 1985

Jackson J. Sydney 25 March 1986

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

NEW SOUTH WALES AND

) ) ) ) BANKRUPTCY DISTRICT OF THE STATE OF ) No. P537 of 1985 ) ) ) )

THE AUSTRALIAN CAPITAL TERRITORY

CORAM:

DATE:

PLACE:

RE: NICK MANIAS Debtor EX PARTE: EDSILL PTY. LIMITED Creditor

JACKSON J. 25 MARCH 1986

SYDNEY

MINUTES OF ORDER

THE COURT ORDERS THAT:

NOTE:

It be declared that Mr Hine had authority to sign the petition on behalf of the company.

The petitioning creditor be granted leave to amend the petition in accordance with these reasons for judgment.

The need for re-verification and re-service of the petition be dispensed with.

A sequestration order be made against the estate of the debtor.

Costs be taxed and paid according to the Act, but the

costs shall not include the costs of making the amendments above referred to.

Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.