Federal Court of Australia
CATCHWORODS
BANKRUPTCY - creditor's petition - bankruptcy notice - effect of
failure to claim interest on the judgment debt - notice valid
BANKRUPTCY - bankruptcy notice containing handwritten amendment with no initialling or over-stamping - whether debtor could
reasonably have been misled or perplexed by bankruptcy notice
BANKRUPTCY ACT 1966
QLD. PET. 1517 of 1987 RE KEITH JOHN McALPINE; EX PARTE AMEV FINANCE LIMITED
SPENDER J. on oa BRISBANE, tee 14 December 1987. .
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IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD PET 1517 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND }
RE: KEITH JOHN McALPINE
EX PARTE: AMEV_ FINANCE LIMITED
MINUTE OF ORDER
JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 14 December 1987 WHERE MADE: BRISBANE
THE COURT OPDERS THAT:
1. The petition be dismissed
2. The debtor have half his taxea costs of the opposition to the petition.
NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ' QLD PET 1517 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: KEITH JOHN McALPINE
EX PARTE: AMEV FINANCE LIMITED
SPENDER J.
BRISBANE
14 DECEMBER 1987
EXTEMPORE REASONS FOP JUDGMENT
This is a petition by AME'? Finance Limited tor the sequestration of the estate of Keith John McAlpine. A bankcuptcy notice was sought in respect of a default judgment in the sum of $15,673.52, which wag a judament in the Cistriztt Court at
Rockhampton on 18 June 1987. The judament by default recited:-
"The first and second Defendants not having filed an Entry of Appearance and Defence herein and the Plaintiff having by order of His Honour Judde Dodds dated the tenth day of April, 1987 obtained leave to proceed to judgment against the First and Second Defendants, it is this day adjudged that the Plaintiff recover against the said First and Second Defendants the sum of FIFTEEN THOUSAND SIX HUNDRED AND SEVENTY-THREE DOLLARS FIFTY-TWO CENTS ($15,673.52) for debt and costs to be taxed."
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