Federal Court of Australia
JUDGMENT No. sree 22nd Lhe CATCHWORDS
BANKRUPTCY - sufficiency of bankruptcy notice - overstatement in bankruptcy notice - failure by debtors to give notice under s.41(5) Bankruptcy Act - effect of failure - no substantial injustice to debtors.
Bankruptcy Act 1966 s.41(5), s.41(6), 8.306(1) Bankruptcy Rules
Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 Re Cirillo, Ex Parte Commissioner tion (1992) 36 FCR Re Walsh (1982) 65 FLR 87
HELEN PATRICIA H MURDOCH AND PATRICIA MARY MURDOCH Ex Parte: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
No. NP 1800 of 1994
Sackville J.
7 october 1994 RECEIVED
Sydney 14 OCT 1994 FEDERAL COURT OF
AUSTRALIA PRINCIPAL REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA )
BANKRUPTCY DISTRICT OF THE ) No. NP1800 of 1994 STATE OF NEW SOUTH WALES ) Res BARRY THOMAS MURDOCH,
HELEN PATRICIA MURDOCH, JOHN DAVID MURDOCH AND PATRICIA MARY MURDOCH Debtors
Ex Parte: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
Creditor
F_ ORDER
1. Sequestration orderes be made against the estate of each
of the debtors.
2. The creditor's costs (including any reserved costs) be
taxed and paid in accordance with the Act.
:
Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA )
BANKRUPTCY DISTRICT OF THE ) No. NP1800 of 1994 STATE OF NEW SOUTH WALES ) Re: BARRY THOMAS MURDOCH,
HELEN PATRICIA MURDOCH, JOHN DAVID MURDOCH AND PATRICIA MARY MURDOCH
Debtors Ex Parte: AUSTRALIA AND NEW ZEALAND
BANKING GROUP LIMITED Creditor
CORAM: SACKVILLE J.
PLACE s SYDNEY
DATE: 7 OCTOBER 1994
REASONS FOR JUDGMENT es: ic
This is a petition by the Australia and New Zealand Banking Group Limited (the "creditor") for a sequestration order against the estate of four debtors, namely, Barry Thomas Murdoch, Helen Patricia Murdoch, John David Murdoch, and Patricia Mary Murdoch. Subject to an issue relating to service of the creditor's petition upon one of the debtors, Helen Patricia Murdoch, the only substantial issue raised by the debtors was the sufficiency of the bankruptcy notice. However, there were, in addition, certain matters that were said to go to the discretion to issue a sequestration order,
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