Federal Court of Australia
JUDGMENT No, 3.) St CATCHWORDS enscceel eososceoccce
COSTS - partially invalid notice under s 77C of the Bankruptcy Act 1966 issued by the second respondent at the request of the first respondent ~ responsibility of issuer of a notice and of those procuring issue of a notice, non-compliance with which is
a punishable offence.
Bankruptcy Act 1966 s 77C
RE: WALLACE ALLAN TERRY; JOYCE TERRY v MAXWELL WILLIAM PRENTICE & ANOR
No NB 1815 of 1992
RECEIVED
23 DEC 1894 FEDERAL COURT O:
LINDGREN J AUSTRALIA
3 ECE necisrn
9 DECEMBER 1994
IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT OF THE ) No NB 1815 of 1992 STATE OF NEW SOUTH WALES )
RE: WALLACE ALLAN TERRY
JOYCE TERRY Applicant
MAXWELL WILLIAM PRENTICE First Respondent
THE OFFICIAL RECEIVER Second Respondent
CORAM: LINDGREN J PLACE: SYDNEY DATE: 9 DECEMBER 1994
MINUTE OF ORDERS THE COURT ORDERS: 1. _THAT the respondents pay 50% of the applicant's costs. 2. THAT as between themselves, the first respondent bear two-
thirds of those costs and the second respondent bear one
third of those costs.
NOTE: 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 NB 1815 of 1992 STATE OF NEW SOUTH WALES )
RE: WALLACE ALLAN TERRY
JOYCE TERRY Applicant
MAXWELL WILLIAM PRENTICE First Respondent
THE OFFICIAL RECEIVER Second Respondent
CORAM: LINDGREN J PLACE: SYDNEY DATE: 9 DECEMBER 1994
REASONS FOR JUDGMENT
In this matter I gave a judgment on 2 December 1994 and the only matter to be determined today is that of costs. JI will not repedt, but I will take as read, my Reasons for Judgment dated
2 December 1994.
It suffices for present purposes to say that by her application filed on 15 November 1994, the applicant, Joyce Terry ("Mrs Terry"), the wife of the bankrupt, Wallace Allan Terry, applied for an order setting aside a notice dated 3 November 1994 from Robert John Cruickshanks, Acting Official Receiver addressed to her purportedly issued under s 77C of the Bankruptcy Act 1966
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