Federal Court of Australia
JUDGMENT No. 282.2 SS
CATCHWORDS
RUPTCY - Application for declaration as to personal service of bankruptcy notice - Costs and interest as components of judgment - Circumstances in which omission or understatement affect validity of bankruptcy notice - Service of bankruptcy notice on debtor - What constitutes a "copy" - Requirements of affidavit of due service of bankruptcy notice - Onus of proof in determining validity of service of bankruptcy notice - What
constitutes "personal service".
Bankruptcy Act 1966 ss.30, 41(6A), 41(4) Bankruptcy Rules rr.195(2)(a), 7(2)(b), 15, 16, 122
Re: RONALD THORPE also known as PETER THORPE EX PARTE: RONALD THORPE v. NOEL PERRY
NO. B275 OF 1987
LEE J.
PERTH 1 JUNE 1988
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\ FCDERAL COURT OF AUSTRALIA
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IN THE FEDERAL COURT
OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT
OF THE STATE OF
WESTERN AUSTRALIA
No. -B275 of 1987
RE: RONALD THORPE also known as PETER THORPE
EX PARTE: RONALD THORPE
Applicant and
NOEL PERRY
Respondent
MINUTE OF DECLARATION AND ORDER
JUDGE MAKING ORDER 2 LEE J.
DATE _OF ORDER 1 JUNE 1988 WHERE MADE PERTH
THE COURT DECLARES THAT:
The bankruptcy notice addressed to the applicant
dated 24 November 1987 was not personally served
the applicant on 28 November 1987.
AND THE COURT ORDERS THAT:
The
respondent pay the applicant's costs of
application to be tared.
Note:
Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
and
upon
this
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
wee wer
No. B275 of 1987
RE: RONALD THORPE also known as PETER THORPE
EX PARTE: RONALD THORPE
Applicant
and NOEL PERRY Respondent
CORAM: LEE J. 1 JUNE 1988
REASONS FOR JUDGMENT
This is an application by Ronald Clement Thorpe, the applicant, pursuant to s.30 of the Bankruptcy Act 1966 ("the Act")
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