O'Sullivan v Commonwealth Bank of Australia [1995] FCA 196

CATCHWORDS BANKRUPTCY - bankruptcy notice - application to set aside - application to set aside service - notice served in foyer of barrister' chambers adjoining Law Courts Building - whether a contempt of court - whether procuration of notice was an abuse of process or for a dishonourable purpose.

CONTEMPT - whether service of a bankruptcy notice in foyer of barristers' chambers adjoining Law Courts Building constitutes a contempt. Cole v Hawkins (1738) Andrews 275 (95 ER 396). Poole v Gould (1856) 1 H & N 99 (156 ER 1133). R v Jones; Ex parte McVittie [1931] 1 KB 664. Re Janet Mary Tole; Ex parte George Edmund Tole (1933) 50 WN (NSW) 216. Baldy v Jackson [1976] 1 NSWLR 19. RE RICHARD GUILDFORD O'SULLIVAN; EX PARTE RICHARD GUILDFORD O'SULLIVAN v COMMONWEALTH BANK OF AUSTRALIA No NN 3884 of 1994 Lindgren J Sydney 5 April 1995.

IN THE FEDERAL COURT OF AUSTRALIA) GENERAL DIVISION ) BANKRUPTCY DISTRICT OF THE ) No NN 3884 of 1994 STATE OF NEW SOUTH WALES ) Re: RICHARD GUILDFORD O'SULLIVAN Ex parte: RICHARD GUILDFORD O'SULLIVAN Applicant/Debtor COMMONWEALTH BANK OF AUSTRALIA Respondent/Creditor CORAM: Lindgren J PLACE: Sydney DATE: 5 April 1995

MINUTE OF ORDERS

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The Debtor pay the Creditor's costs. NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA) GENERAL DIVISION ) BANKRUPTCY DISTRICT OF THE ) No NN 3884 of 1994 STATE OF NEW SOUTH WALES ) Re: RICHARD GUILDFORD O'SULLIVAN Ex parte: RICHARD GUILDFORD O'SULLIVAN Applicant/Debtor COMMONWEALTH BANK OF AUSTRALIA Respondent/Creditor CORAM: Lindgren J PLACE: Sydney DATE: 5 April 1995 REASONS FOR JUDGMENT INTRODUCTION: There is before the Court an application by Richard Guildford O'Sullivan ("the Debtor") for an order setting aside bankruptcy notice number NN 3884 of 1994, or alternatively an order setting aside service of that bankruptcy notice upon him on 14 November 1994, or alternatively to either of those remedies, an order restraining the respondent ("the Bank") from filing a creditor's petition relying upon that service. The grounds relied on by the Debtor may be summarised as follows: