Federal Court of Australia
R) a JUDGMENT No [54 15
© apensoe eveccsenseel seecncccocey
IN _ THE FEDERAL URT OF AUSTRALIA BANKRUPTCY DISTRICT OF
THE STATE OF VICTORIA No VP 636 of 1995
so Re: - NICOLETTA . VERSACE
Judgment Debtor
Ex parte: COMMONWEALTH BANK OF AUSTRALIA Judgment Creditor
No VP 637 of 1995
Re: JOSEPH VERSACE
Judgment Debtor
Ex parte: COMMONWEALTH BANK OF AUSTRALIA
Judgment Creditor
Coram: Olney J
Place: Melbourne RECEIVED
Date: 13 December 1995 | 07 MAR 1996 FEDERAL COURT OF
PRINCIPAL REGISTRY
REASONS FOR DGMENT AUSTRALIA
I propose to deal initially with the formal matters.'
Leave is granted to amend each petition to allege an act of bankruptcy occurring on 19 April 1995. The error is one
which is a mere irregularity and can in no way give rise to
any injustice or detriment.
I accept the production of a copy of the power of attorney as evidence of the authority of the person who signed the
petitions to do so.
The failure of the witness to the petitions to insert his
address and occupation as apparently required by form 5 is a
-2- mere irregularity which can give rise to no injustice and the
petition is not invalid by reason of that omission.
So far as paragraph 3 of each petition is concerned, the provisions of s 44(4) require that where a petitioning creditor is a secured creditor he shall set out in the petition particulars of his security. In each petition the petitioner has recited, by reference to the nature of the security, namely an equitable mortgage, and the date or dates (dates plural in the case of Mr Versace and singular in the case of Mrs Versace) of those documents and in my view in the circumstances of the case, that is a sufficient description to satisfy the provisions of s 44(4). The petitioner has sought leave to amend each petition in the event that I am of the view that the statutory requirements have not been met but because of the view I have reached it is unnecessary to amend in the way he has suggested. However, had I been of the view that amendment was called for, I would have granted the
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate