Taylor, Re D.R. Ryan, Ex Parte J.C. [1986] FCA 401

CATCHWORDS

BANKRUPTCY - unsigned creditor's petition bad.

Bankruptcy Act 1966, ss.47(1)(a), 306

Re:

Desmond Robert Taylor

Ex parte:

James Conrad Ryan

Qld P716/86

PINCUS Jd. BRISBANE 15 September 1986

RECEIV"D 17 SEP 1986

FEDERAL cou, AUSTRALIA. OF

PRINCIPA| REGISTAY

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IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION ) QLD PET 716 of 86

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND

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RE: DESMOND ROBERT TAYLOR

EX PARTE: JAMES CONRAD RYAN

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 15 SEPTEMBER 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

The creditor's petition presented on 4 July 1986 be dismissed.

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

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISTON

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QLD PET 716 of 86

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND

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RE: DESMOND ROBERT TAYLOR EX PARTE: JAMES CONRAD RYAN

PINCUS J. 15 SEPTEMBER 1986

REASONS FOR JUDGMENT

This is a creditor's petition under the Bankruptcy Act with an unusual defect; it is not signed. The authorities suggest that irregularities in the signing of a petition should be rather

leniently treated: see, for example, Re Marsden; Ex parte E.H. Sellers and Sons Ltd. (1921) 91 L.Jd.Ch. 318, 126 L.T. 408.

Section 306 of the Bankruptcy Act obliges the Court to treat any

formal defect or irregularity as not invalidating "unless the Court ... is of opinion that substantial injustice has been caused by the defect or urregularity and that the injustice cannot be

remedied by an order of that Court".

I think that no substantial injustice has been caused; the unsigned petition is annexed to a verifying affidavit properly

executed by the petitioning creditor. The question then, so far

as s.306 is concerned, is whether the non-signature of the