Federal Court of Australia
a
S
JUDGMENT No, 250./. 2%.
CATCHWORDS Bankruptcy - Proceedings in connexion with sequestration - Bankruptcy notice - Form and contents - Order for costs of
interlocutory applications in a proceeding in Magistrates' Court (vic.) and the final order in that proceeding included in one notice - Notice invalid.
Bankruptcy Act 1966 - ss. 40(1)(g), 40(3)(b), 41
In re Wheeler [1982] 1 W.L.R. 175 dist.
In re Low; Ex parte Argentine Gold Fields Ltd. [1891] 1 Q.B. 147 oll.
Re Appl ication for Issue of a Bankruptcy Notice; Ex parte Tinson B.C. oll.
RE: MARGARET CAROLINE STEPHENSON (also known as MARGARET CAROLINE WATSON) EX PARTE: CINTEE NOMINEES PTY. LTD.
No. P978 of 1987
Jenkinson J. Melbourne 10 May, 1988
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA
RE
No. P978 of 1987
: MARGARET CAROLINE STEPHENSON also nown as GAR CAROLINE WATSON) Judgement Debtor EX PARTE: CINTEE NOMINEES PTY. LTD.
Judgement Creditor
MINUTES OF ORDER
CORAM: Jenkinson J. PLACE: Melbourne DATE: 10 May, 1988
THE COURT ORDERS THAT:
1. The petition be dismissed.
2. The debtor's costs of the petition including costs reserved be taxed and paid by the petitioner.
(NOTE: Settlement and entry of orders is dealt with by 0.36 of the Federal Court Rules)
dae
IN THE
FEDERAL COURT OF AUSTRALIA
T BANKRUPTCY DISTRICT OF THE STATE
F VI
CORAM:
PLACE:
DATE:
) GENERAL DIVISION } No. P978 of 1987 )
also nown as CAROLINE WATSON)
Judgement Debtor EX PARTE: CINTEE NOMINEES PTY.
Judgement Creditor Jenkinson J. Melbourne 10 May, 1988
REASONS FOR JUDGMENT
Hearing of a creditor's bankruptcy petition.
MARGARET CAROLINE STEPHENSON
MARGARET
LTD.
The petition is founded on a bankruptcy notice, the
material part whereof reads:
"WHEREAS CINTEE NOMINEES PTY. LTD. of 7 Dixon Court, Greensborough (hereinafter referred to as 'the judgement creditor') has claimed that the sum of $5,879.22 is due by you to it under final Orders obtained by against you in the Heidelberg Magistrates' Court on 29th day of April, 1987 and the 26th day of May, 1987 being Orders the execution of which has not been stayed:
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