Foster, Re N.S. Taxation, Ex parte Deputy Comm. of [1988] FCA 303

QUDGMENT No. =037 S? ~~

re A

CATCHWORDS

BANKRUPTCY - Whether a bankruptcy notice is defective if it claims interest on the judgment debt to a date specified in the notice which is earlier than the date of issue of the notice but does not expressly abandon any claim for interest accruing after the date specified - requirements for validity

of a bankruptcy notice.

Bankruptcy Act 1966 (Cth): ss. 40, 41, 82 Federal Court of Australia Act 1976 (Cth): s. 25

NEIL 8. FOSTER EX PARTE: DEPUTY COMMISSIONER OF TAXATION P2517 of 1987

COURT: SWEENEY, LOCKHART and BURCHETT JJ. 4 JULY 1988

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT IN THE STATE

OF NEW SOUTH WALES AND THE AUSTRALIAN PITAL RRITORY

No. P2517 of 1987

—~e TY

RE: NEIL S. FOSTER Debtor EX PARTE: DEPUTY COMMISSIONER OF TAXATION Respondent JUDGES MAKING ORDER: Sweeney, Lockhart and Burchett JJ. DATE OF ORDER: 4 July 1988 WHERE ORDER MADE: Sydney

MINUTES OF ORDER

The question asked in the case stated pursuant to sub-s. 25(6) of the Federal Court of Australia Act 1976 is as

follows:

Is the bankruptcy notice defective by reason only of the fact that it claims interest to a date prior to the issue of the notice but does not waive or abandon any claim for interest accruing after the date specified in

the notice?

We answer the question asked in the case as follows:

The bankruptcy notice is not defective by reason only of the fact that it claims interest to a date prior to the date of the issue of the notice and does not in terms abandon or waive any claim for interest accruing after

the date specified in the notice.

It is unnecessary for the Court to answer any of the

other questions raised by the stated case.

THE COURT ORDERS THAT: There be no order for costs with respect to the stated

case.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.