Federal Court of Australia
JUDGMENT NO. aes 232 phot
TCHWORD:
COSTS - General Rule - Costs follow the event — dismissal of creditor's petition on ground of invalidity of bankruptcy notice - failure by the debtor to question the validity of the bankruptcy notice in an application to set aside the bankruptcy notice - whether this should deprive debtor of costs on proceedings on creditor's petition.
Re McAlpine; Ex parte AMEV Finance Limited (1987) 80 ALR 29 dist. Re Bunn: Ex parte Bunn (1989) 20 FCR 393 dist.
RE: ISABELL KARIN MARION GERTRUD ST LEON; EX PARTE: NATIONAL AUSTRALIA BANK LIMITED
RE: REGINALD PHILLIP FRANCT T LEON; EX PARTE: NATIONAL AUSTRALIA BANK LIMITED
Nos NP2426 of 1994 and NP2427 of 1994.
RECEIVED 23 DEC 1994
FEDERAL COURT OF
AUSTRALIA
PRINCIPAL REGISTRY
Lindgren J Sydney 19 December 1994
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FEDERAL COURT OF AUSTRALIA
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GENERAL DIVISION
BANKRUPTCY DISTRICT OF NEW SOUTH WALES
CORAM: PLACE: DATE:
Lindgren J Sydney 19 December 1994
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No NP2426 of 1994
RE: ISABELL KARIN MARION GERTRUD ST LEON Debtor
EX PARTE: NATIONAL AUSTRALIA BANK LIMITED Creditor
No NP2427 of 1994
RE: REGINALD PHILLIP FRANCIS ST LEON Debtor
EX PARTE: NATIONAL AUSTRALIA BANK LIMITED Creditor
MINUTE OF ORDER
THE COURT ORDERS:
THAT there be no order varying the costs order made on 16
December 1994.
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Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules.
FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY DISTRICT OF NEW SOUTH WALES )
No NP2426 of 1994
RE: ISABELL KARIN MARION GERTRUD ST LEON Debtor
EX PARTE: NATIONAL AUSTRALIA BANK LIMITED Creditor
No NP2427 of 1994
RE: REGINALD PHILLIP FRANCIS ST LEON Debtor
EX PARTE: NATIONAL AUSTRALIA BANK LIMITED Creditor
CORAM: Lindgren J PLACE: Sydney DATE: 19 December 1994
REASONS FOR DGMENT
In these two matters NP2426 of 1994 and NP2427 of 1994, I made orders on Friday, 16 December 1994. The orders made included an order that the petitioning creditor pay the debtors' costs of the' proceedings. Identical orders were made in both cases (henceforward, I shall, for convenience, refer to the facts of one case, but they are relevantly identical). As appears from the Reasons for Judgment, of that date, the creditor's petition
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