Federal Court of Australia
CATCHWORDS
BANKRUPTCY - bankruptcy notice not specifying interest due to the date of the notice - application of s.41(2) and s.306(1) of the Act - whether claiming part only of the interest due under judgment permissible where claim to remainder not abandoned ~ whether verifying affidavit based on knowledge and
belief is acceptable
Bankruptcy Act 1966 (Cth) s.306(1), s.47(1)
RE; BSDWARD LYALL SLY; EX PARTE BROADLANDS INTERNATIONAL
FINANCE LIMITED No. P lo) 87
Davies J. Sydney 21 March 1988
BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION No. P2384 of 1987
ee ee et et eet Net Niet Set eet
RE: EDWARD LYALL SLY
Debtor
EX PARTE: BROADLANDS INTERNATIONAL FINANCE LIMITED
Petitioning Creditor
CORAM: Davies J. DATE: 21 March 1988 PLACE: Sydney
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The petition be dismissed. 2. The petitioning creditor is to pay the debtor's costs o£ and incidental to the petition.
NOTE: Settlement and entry of orders is dealt with in Bankruptcy Rule 124.
b.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
) ) BANKRUPTCY DISTRICT OF THE STATE OF ) No. P2384 of 1987 ) NEW SOUTH WALES AND )
)
)
THE AUSTRALIAN CAPITAL TERRITORY
RE: EDWARD LYALL SLY
Debtor
EX PARTE: BROADLANDS INTERNATIONAL FINANCE LIMITED
Petitioning Creditor
CORAM: Davies J. DATE: 21 March 1988 PLACE: Sydney
REASONS FOR JUDGMENT
The bankruptcy petition herein is opposed on two grounds. One is that the bankruptcy notice did not correctly
specify the amount of interest demanded on the judgment debt.
The bankruptcy notice recited that the judgment creditor, Broadlands International Finance Limited, claimed the judgment debt, the sum of $564,654.66, together with interest thereon at the rate of 18.5% per annum from the date of the judgment, 15 April 1986. The notice, which was dated 4 June 1987, then went on to recite that, at 13 May 1987, that
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