Federal Court of Australia
JUDGMENT No. 48ay 88...
CATCHWORDS BANKRUPTCY - Validity of Bankruptcy Notice - Incorrect dating of the interest claim - Incorrect mathematical calculation of interest -
Unauthorised handwritten amendments - power of court to extend the time
for compliance with bankruptcy notice
Bankruptcy Act 1966; sections 33(1) 41(5)
Re Danielle Pender ex parte Warwick Ross Sullivan and Ross Francis
Sullivan
P 939 of 1987
CORAM: Einfeld J.
DATE: 22 April 1988
PLACE: Sydney
IN THE FEDERAL COURT OF AUSTRALIA
"GENERAL DIVISION No. P 939 of 1987
BANKRUPTCY DISTRICT IN THE
STATE OF NEW SOUTH WALES AND THE
ee eee ee ee
AUSTRALIAN CAPITAL TERRITORY
Re: DANIELLE PENDER Debtor Ex parte WARWICK ROSS SULLIVAN and ROSS FRANCIS SULLIVAN Creditors CORAM: Einfeld J. DATE: 22 April 1988 PLACE: Sydney MINUTE OF ORDERS 1. The petition be dismissed. 2. Each party to pay their and her own costs. Note: Settlement and entry of these orders are dealt with in
accordance with rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA
. GENERAL DIVISION No. P 939 of 1987
BANKRUPTCY DISTRICT IN THE
STATE OF NEW SOUTH WALES AND THE
wee we ew
AUSTRALIAN CAPITAL TERRITORY
Re: DANIELLE PENDER
Debtor
Ex parte: WARWICK ROSS SULLIVAN and ROSS FRANCIS SULLIVAN
Creditors
CORAM: Einfeld J.
DATE: 22 April 1988
PLACE: Sydney
REASONS FOR JUDGMENT
This is an application by Danielle Pender (the debtor) for the dismissal of a bankruptcy petition on the grounds that there is no act of bankruptcy proved to have been committed. The particulars relied upon
are that the bankruptcy notice was defective in three respects:
(a) that it claimed interest for one day after the date of its issue;
(b) that the interest was incorrectly calculated;
(c) that the bankruptcy notice contains handwritten amendments which
are not initialled or otherwise identified as having been made
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