Re Barnes, R. v. Ex parte Barnes, R. & Anor [1994] FCA 699

#

AUSTRALIA

Attention: Judgments Clerk

With the Complements of

Please find herewith judgment of Cooper J. in the matter

of Barnes Ex parte Barnes and Makhoul No. BN793 of 1994 together with disk containing a copy of same.

4 f ie (UW JUDGES' CHAMBERS ___I

FEDERAL COURT OF AUSTRALIA

119 NORTH QUAY BRISBANE 4000 AUSTRALIA

JUDGMENT No. 627, OF

eneooue: sevrseel eeneececoscs

AT RD

Bankruptcy - preliminary objections to form of bankruptcy notice - foreign judgment creditor - obligation of judgment creditor to nominate address in Australia at which payment can be made - no requirement that bankruptcy notice nominate agent of judgment creditor to receive payment - bankruptcy notice must require payment in accordance with the terms of the judgment.

Bankruptcy Act 1966 Sections 41 and 42

James v. Federal Commissioner of Taxation (1955) 93 CLR 631 Re Béchanail. Ex parte Mervac Finance Lumuted | 5)? 3 FR 135

(1969) 13 FLR 353

Re Hantos; Ex parte Hill (1968) 15 FLR 378

In re Stogdon Ex parte Leigh [1895] 2 QB 534

In re Beauchamp Ex parte Beauchamp [1904] 1 KB 572 In re Persse (1911) 55 Sol Jo. 314

In re a Debtor [1912] 1 KB 53

RECEIVED -4 OCT 1994

FEDERAL COURT OF AUSTRALIA

PRINCIPAL

No. BN 793 of 1994 Cooper J., Brisbane, 30 September, 1994

BN No, 793 of 1994 RE: ROBIN BARNES, also known as ROBIN LESLIE MAKHOUL Judgment Debtor EX PARTE: ROBIN BARNES Applicant AND: JACQUES EZZAT MAKHOUL Respondent ZUDGE MAKING ORDER: Cooper J. DATE OF ORDER: 30 September, 1994 WHERE MADE: Brisbane MINUTES OF ORDER THE COURT ORDERS THAT: 1. The preliminary objections to the form of the bankruptcy notice are dismissed. 2. The application 1s adjourned to the bankruptcy list of 1 November, 1994 for hearing of the substantive application. 3. The judgment debtor is ordered to pay the judgment creditor's costs of and incidental to the hearing of the preliminary objection to be taxed, if not