Federal Court of Australia
CATCHWORDS
Bankruptcy - bankruptcy notice understated amount of interest due - whether bankruptcy notice was bad - whether debtor could be
perplexed or embarrassed - whether defect only formal
JAMES ALBERT CROWL, DELIA MARY CROWL AND MALCOLM CHARLES TUCKER v. KLEINWORT BENSON AUSTRALIA LIMITED
No. G225 of 1987 G226 of 1987 G227 of 1987
Beaumont, Wilcox and Burchett JJ. Sydney 10 July 1987
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G225 of 1987 ) No. G226 of 1987 GENERAL DIVISION ) No. G227 of 1987
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT
BETWEEN: JAMES ALBERT CROWL DELIA MARY CROWL MALCOLM CHARLES TUCKER
Appellants
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KLEINWORT BENSON AUSTRALIA LIMITED
Respondent MINUTES OF ORDER
Judges making orders: Beaumont, Wilcox and Burchett JJ. Date orders made: 10 July 1987
Where made: Sydney
THE COURT ORDERS:
1. Appeal allowed. .
2. Set aside the orders made by the Court on 6 May 1987; in lieu thereof order that the petitions be dismissed with costs.
3. Respondent pay the appellants' costs of the appeal.
Note: Settlement and entry of orders 1 and 3 and the first part of order 2 is dealt with by Order 36 of the Federal Court Rules and the latter part of order 2 is dealt with in Bankruptcy Rule 124.
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G225 of 1987 ) No. G226 of 1987 GENERAL DIVISION ) No. G227 of 1987
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT
BETWEEN: JAMES ALBERT CROWL DELIA MARY CROWL MALCOLM CHARLES TUCKER
Appellants
AND: KLEINWORT BENSON AUSTRALIA LIMITED
Respondent
CORAM: Beaumont, Wilcox and Burchett JJ.
DATED: 10 July 1987
REASONS FOR JUDGMENT
BEAUMONT J. In each of these bankruptcy matters the appellants, the judgment debtors below, appeal from orders made by a Judge of the Court sequestrating their respective estates. A separate petition was presented against each debtor, but the same point is raised in each of the appeals and it is convenient to consider first the petition presented against the first
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