Federal Court of Australia
JUDGME hy JUDGMENT No, 681 7-Sh-
CATCHWORDS
Bankruptcy - amount stated to be due on a judgment debt understated in bankruptcy notice because of miscalculation of
interest - effect of decision of Full Court in Crowl_v. Kleinwort
Benson Australia Limited (1987) 74 A.L.R. 148 - whether room for
application of de minimis rule.
Bankruptcy Act 1966, ss. 41, 306.
RE: COL FRANCIS; EX PARTE PREMIER PLASTERBOARD SUPPLIERS PTY
LIMITED
No. P1767 of 1987
Coram: Sheppard J.
Place: Sydney
Date : 24 November 1987
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IN_THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
BANKRUPTCY DISTRICT OF NEW SOUTH WALES No. P1767 of 1987
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AND THE AUSTRALIAN CAPITAL TERRITORY
RE: COL FRANCIS
EX PARTE: PREMIER PLASTERBOARD SUPPLIERS PTY LIMITED
MINUTES OF ORDER
JUDGE MAKING ORDER: SHEPPARD J. DATE ORDER MADE : 24 NOVEMBER 1987 WHERE MADE : SYDNEY
THE COURT ORDERS THAT the petition be dismissed with costs.
NOTE: Settlement and entry of orders is dealt with in Rule 124
of the Bankruptcy Rules.
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IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISTON
BANKRUPTCY DISTRICT OF NEW SOUTH WALES No. P1767 of 1987
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AND THE AUSTRALIAN CAPITAL TERRITORY
RE: COL FRANCIS EX PARTE: PREMIER
PLASTERBOARD SUPPLIERS PTY
LIMITED
CORAM: SHEPPARD J. DATE : 24 November 1987
REASONS FOR JUDGMENT
HIS HONOUR: The petition in this matter is opposed on a number of grounds. Two only need be referred to, Qne is that the petitioning creditor was not correctly named in the petition because it was described as Premier Plasterboards Suppliers Pty Limited. The petition was sealed with the common seal of a company, Premier Plasterboard Suppliers Pty Limited. I do not
regard the discrepancy, such as it is, as being of any
consequence, and I would not uphold the ground of opposition
based on that matter.
The more serious ground which has been relied upon relates to the form of the bankrupty notice. The copy bankruptcy notice which is annexed to the affidavit of service of it, insofar as it
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