Federal Court of Australia
CATCHWORDS
BAWKKUPTCY = Crealtor's petition - Creuitor a company in liquidation ~ Petition presented by liquidator in own name — Petition amendec to make plain that the company in liquidation was the petitioner - Whetner petition valia - Whether power of amendment available - Petition served in unamendea form accompanied by order yiving leave to amend - Whether service duly effected - Kelief from non compliance
with the Rules.
Bankruptcy Act lyoe (Cth), s. 33 Bankruptcy Rules, rules lus, 169(1), 195(2)
Companies Act 1987 (Cth), s. 377(2)
Re DAVID MALCOLM REYNOLUS; Ex Parte PLAZA PRINT PTY LIMITED
(IN CIQGUIDATION).
No. P.1422 of 19387
Neaves J. 3 December 19387
Canberra
~ Feo 2 i867
FEDERAL COvnr AUSiRALIA OF
PR' CiPal REGISIAY
IN THE FLLERAL COURT OF AUSTRALIA
GENEKAL DIVISION No. P.1422 of 1987 BANKRUPTCY DISTRICT OF THre STATE OF NEW SOUTH WALES AND ThE AUSTRALIAN CAPITAL TERRIOURY --
Re: DAVID MALCOLM REYNOLDS Debtor
Ex Parte: PLAZA PRINT PTY LIMITED (IN LIQUIDATION)
Petitioner
CORAI: wWNeaves J.
DATE: 3 December 19387
REASOWS FUR JUDGMENT
In this matter a preliminary question has been argued concerning the validity of a creditor's petition presented
under the Bankruptcy Act lyv6 (Ctn). The question has arisen
in the following circumstances.
On £3 February 1947 Plaza Print Pty Limited (In Liquidation) ("the company") obtained a final juugment against David Malcolm Reynolds ("tne uebtor") in the sum of $41,511.28 together with costs to be taxed or agreed. On 25 May 1987 a bankruptcy notice was 1ssueu based on that judgment. It recited that the company claimed that the sum of $41,5f1.2u, together with interest thereon at the rate of $15.00 per centum per annum from 23 February 1937 until 7 May 1987 amounting to
$750.61, making a total of $42,261.89, was due by the debtor to
the company under the. judgment. The notice required the debtor, within 14 days after service of the notice upon him, to pay that sum to the company or to secure the payment of that sum to the satisfaction of the Feaeral Court of Australia or the company or to compound that sum to the satisfaction of the
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate