Federal Court of Australia
JUDGMENT No. sacl Ledvl <2 toon
ATCHWORD:
BANKRUPTCY - Bankruptcy Notice - omission of judgment creditor's address on notice - whether statement of judgment creditor's address made essential by s 41 of the Bankruptcy Act 1966 and prescribed form of bankruptcy notice - whether such omission invalidates the notice.
ESTOPPEL - Issue Estoppel - whether debtors precluded from questioning validity of notices by virtue of earlier judgment relating to same notices - "Anshun principle" - whether
debtors waived, abandoned or were estopped from relying upon the defect.
Bankruptcy Act 1966 s 41.
Re Pugliese; Ex parte The Chase Manhattan Bank of Australia Ltd (1993) 44 FCR 536.
Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71.
Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589.
Re Haritos; Ex parte Hill (1968) 15 FLR 378.
RE: ISABELL KARIN MARION GERTRUD ST LEON: EX PARTE: NATIONAL AUSTRALIA BANK LIMITED
RE: REGINALD PHILLIP FRANCIS ST LEON; EX PARTE: NATIONAL AUSTRALIA BANK LIMITED
Nos NP2426 of 1994 and NP2427 of 1994.
Lindgren J RECEIVED Sydney 23 DEC 1994
16 December 1994 FEDERAL COURT OF
AUSTRALIA PRINCIPAL
FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF NEW SOUTH WALES
CORAM:
PLACE: DATE:
Lindgren J Sydney 16 December 1994
MI
) ) )
No NP2426 of 1994
RE: ISABELL KARIN MARION GERTRUD ST LEON Debtor
EX PARTE: BANK LIMITED Creditor
NATIONAL AUSTRALIA
No NP2427 of 1994
RE: REGINALD PHILLIP FRANCIS ST LEON Debtor
EX PARTE: BANK LIMITED Creditor
NATIONAL AUSTRALIA
E OF ORDER:
THE COURT ORDERS IN BACH PROCEEDING THAT:
(A)
The following questions be decided separately from any
other question in the proceeding:
L o
1.
D
Whether the omission of an address of the judgment
creditor in the bankruptcy notice is a defect -
(B)
(a) which renders the bankruptcy notice a
nullity;
(b) which is a formal defect or irregularity which attracts the operation of section
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