Federal Court of Australia
JUDGMENT No. Ae Poeooud iba
CATCHWORDS
BANKRUPTCY - whether bankruptcy notice addressed to two joint debtors only one of whom is served is defective - whether the use of "you" in a bankruptcy notice
directed to joint debtors is ambiguous - no point of principle.
PRACTICE AND PROCEDURE - whether leave to amend notice of appeal to raise
new issues on appeal should be granted.
GABOR GERGELY v ANDREW HAMMER, JOSEPH HAMMER & JOLAN FULOP NG 604/95
Davies, Moore & Lehane JJ 28 November 1995 Sydney
FEDERAL COURT OF AUSTRALIA
28 JAN 2003 LIBRARY
IN THE FEDERAL COURT OF AUSTRALIA
No G 604 of 1995
) . ) NEW SOUTH WALES DISTRICT REGISTRY ) )
GENERAL DIVISION
BETWEEN: GABOR GERGELY
Appellant
AND: ANDREW HAMMER First Respondent JOSEPH HAMMER Second Respondent JOLAN FULOP
Third Respondent
Coram: Davies, Moore & Lehane JJ Date: 28 November 1995 Sydney
las] as i e) ia
MINUTES OF ORDER
THE COURT ORDERS THAT: 1. Leave to amend the notice of appeal to add proposed grounds 2(c) and 2(d) be refused. Leave to amend the notice of appeal to seek the appointment of a trustee of the bankrupt estate be granted.
2. Mr Maxwell Christopher Donnelly be appointed trustee of the bankrupt estate.
3. The appeal be otherwise dismissed.
4, The appellant pay the respondents' costs of the appeal.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY No G 604 of 1995 GENERAL DIVISION BETWEEN: GABOR GERGELY Appellant AND: ANDREW HAMMER First Respondent JOSEPH HAMMER Second Respondent JOLAN FULOP Third Respondent Coram: Davies, Moore & Lehane JJ Date: 28 November 1995 Place: Sydney
REASONS FOR JUDGMENT
THE COURT: In this matter, the Court is of the view that leave to amend the notice of appeal to add grounds 2(c) and 2(d) should be refused. Mr D. Robinson, counsel for the appellant, Mr Gabor Gergely, submitted that there was a defect in the bankruptcy notice by reason of the fact that it was addressed to two joint debtors, and by reason of the fact that there was proof only of service upon one. It was further
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