Federal Court of Australia
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_ JUDGMENT No. 297 B21
CATCHWORDS
BANKRUPTCY ~— Application for sequestration order —- challenge to validity
ef creditor's petition - inaccurate description of creditor in the Bankruptcy Notice and Bankruptcy Petition - overstatement of amount owing due to incorrect calculation of interest - inadequate
attestation/authorisation of petition - defects incurable under s. 306 -—
objective test to be applied in relation to hypothetical debtor — strict compliance with statutory provisions required.
Bankruptcy Act 1966 ss. 41(5), 306(1)
Re: WAYNE MAXWELL MATTHEWS Debtor Ex parte HAZET TOOLS AUSTRALIA UNIT TRUST trading as
HAZET TOOLS AUSTRALIA
Petitioning Creditor
No. P.2032 of 1986
Einfeld J 1 September 1987
Sydney
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IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
) ) ) ) BANKRUPTCY DISTRICT IN THE STATE ) No. P 2032 of 1986 ) OF NEW SOUTH WALES AND )
)
)
THE AUSTRALIAN CAPITAL TERRITORY
Re: WAYNE MAXWELL MATTHEWS
Ex parte HAZET TOOLS AUSTRALIA UNIT TRUST trading as HAZET TOOLS AUSTRALIA
CORAM: EINFELD J. DATE: 1 September 1987 . PLACE: Sydney
REASONS FOR JUDGMENT
This was an application by Hazet Tools Australia Unit Trust trading as Hazet Tools Australia ("Petitioning Creditor") for a sequestration order against Wayne Maxwell Matthews ("Debtor"). The matter commenced with a default judgment obtained in the District Court of New South Wales for $7,650.85 on 9 April 1986. On 3 July 1986, the District Court permitted payment of that judgment debt by instalments of $250 per month, the first such payment to be made on or before 23 July 1986. -On 5 September 1986, a Bankruptcy Notice dated 21 August 1986 was issued in the sum of $8,120.07, the original debt having been said by that Notice to have increased to the amount contained in the Bankruptcy Notice because of the addition of interest at the rate of 18.5% per annum from the date of judgment to 8 August 1986. The application for the issue of the Bankruptcy Notice states quite correctly that in the Certificate of
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