Federal Court of Australia
— 2LO
CATCHWORDS
BANKRUPTCY - Bankruptcy notice - Application that bankruptcy notice be set aside - Notice based on judgment against three individuals carrying on business in partnership under a business name - Notice addressed to all partners but served on one only - Whether bankruptcy notice defective in form.
BANKRUPTCY - Bankruptcy notice - Application that bankruptcy notice be set aside or, alternatively, that the time for compliance with its requirements be extended - Appeal pending against judgment 1n respect of which bankruptcy notice issued - Whether appeal is a proceeding to set aside the judgment within $.41(6A)(a) of the Bankruptcy Act 1966 (Cth) - Discretion under s.41(6A)(b) exercised to extend time for compliance with the requirements of the notice pending determination of appeal.
Bankruptcy Act 1966 (Cth), ss.40(1)(g), 41(1), (2) and (6A) Bankruptcy Rules, Rule 8 and Schedule 1, Form 4
Re: BARBARA MADDOX, SIMON MADDOX and VICTOR MADDOX (Judgment Debtors)
Ex parte: SIMON MADDOX (Applicant)
DEBORAH JENKINS and HENRY HUDSON (Respondents)
No. ACT B 16 of' 1987
Neaves J.
12 May 1987
Canberra
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE
OF NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY
) ) ) ) No. ACT B 16 of 1987 ) ) )
Re: BARBARA MADDOX, SIMON MADDOX and VICTOR MADDOX
Judgment Debtors Ex parte: SIMON MADDOX
Applicant
DEBORAH JENKINS and HENRY HUDSON
Respondents
MINUTE OF ORDER
JUDGE MAKING ORDER : Neaves Jd. DATE OF ORDER >: 12 May 1987 WHERE MADE Canberra THE COURT -
1. Declares that the bankruptcy notice No. ACT B 16 of 1987 is not invalid as being defective in form.
2. Orders that the application to set aside bankruptcy notice No. ACT B 16 of 1987 be adjourned generally.
3. Orders that the time for compliance by the applicant with the requirements of bankruptcy notice No. ACT B 16 of 1987 be extended until further order conditionally upon the appeal to the Supreme Court of the Australian Capital Territory 'in matter No. SCA 1 of 1987 being prosecuted with all due diligence.
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