Ma S. & Anor v Farrow Mortgage Services Pty Ltd (In liq) [1995] FCA 636

Federal Court of Australia

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CATCHWORDS BANKRUPTCY - bankruptcy notice - failure to state address of judgment creditor - not a "formal defect or irregularity" Bankruptcy Act 1966 ss 41(1)(a), 306 Bankruptcy Rules, r 8 Nugent v Brialkim Pty Ltd (1985) 61 ALR 725 refd to Re St Leon; Ex parte National Australia Bank Ltd (1994) 54 FCR 371 folld SOMSAK MA and CHOU MA v FARROW MORTGAGE SERVICES PTY LIMITED (IN LIQUIDATION) No. NP 1009 of 1995 Coram:Whitlam J Place: Sydney Date: 18 August 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) GENERAL DIVISION ) NP 1009 of 1995 ) BANKRUPTCY DISTRICT OF NEW SOUTH WALES ) Re SOMSAK MA and CHOU MA Ex parte FARROW MORTGAGE SERVICES PTY LIMITED (IN LIQUIDATION) Coram:Whitlam J Place: Sydney Date: 18 August 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The creditor's petition be dismissed with costs. 2. The judgment creditor pay the debtors' costs of their application filed 27 July 1995. Note: Settlement and filing of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) GENERAL DIVISION ) NP 1009 of 1995 ) BANKRUPTCY DISTRICT OF NEW SOUTH WALES ) Re SOMSAK MA and CHOU MA Ex parte FARROW MORTGAGE SERVICES PTY LIMITED (IN LIQUIDATION) Coram:Whitlam J Place: Sydney Date: 18 August 1995 REASONS FOR JUDGMENT Farrow Mortgage Services Pty Limited has presented a creditor's petition under the Bankruptcy Act (1966) ("the Act") against Somsak Ma and Chou Ma ("the debtors"), who are husband and wife, and their son Kang Ma. The petition relies upon a bankruptcy notice. The debtors oppose the petition on several grounds, including a ground that the subject bankruptcy notice is a "nullity by reason of the omission in the Bankruptcy Notice of the address of the Judgment Creditor". Upon the debtors' application, I made an order that the Court determine as a separate decision the following preliminary question:

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IN THE FEDERAL COURT OF AUSTRALIA ) ) GENERAL DIVISION ) NP 1009 of 1995 ) BANKRUPTCY DISTRICT OF NEW SOUTH WALES ) Re SOMSAK MA and CHOU MA Ex parte FARROW MORTGAGE SERVICES PTY LIMITED (IN LIQUIDATION) Coram:Whitlam J Place: Sydney Date: 18 August 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The creditor's petition be dismissed with costs. 2. The judgment creditor pay the debtors' costs of their application filed 27 July 1995. Note: Settlement and filing of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) GENERAL DIVISION ) NP 1009 of 1995 ) BANKRUPTCY DISTRICT OF NEW SOUTH WALES ) Re SOMSAK MA and CHOU MA Ex parte FARROW MORTGAGE SERVICES PTY LIMITED (IN LIQUIDATION) Coram:Whitlam J Place: Sydney Date: 18 August 1995 REASONS FOR JUDGMENT Farrow Mortgage Services Pty Limited has presented a creditor's petition under the Bankruptcy Act (1966) ("the Act") against Somsak Ma and Chou Ma ("the debtors"), who are husband and wife, and their son Kang Ma. The petition relies upon a bankruptcy notice. The debtors oppose the petition on several grounds, including a ground that the subject bankruptcy notice is a "nullity by reason of the omission in the Bankruptcy Notice of the address of the Judgment Creditor". Upon the debtors' application, I made an order that the Court determine as a separate decision the following preliminary question:

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