Bullmore D.N. v Tyndall Life Insurance Co Ltd [1995] FCA 735

IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT ) No VP 1418 of 1993 OF THE STATE OF VICTORIA ) RE: DAVID NIGEL BULLMORE (Debtor) EX PARTE: TYNDALL LIFE INSURANCE COMPANY LIMITED (Petitioning Creditor) CORAM: RYAN J PLACE: MELBOURNE DATE: 15 SEPTEMBER 1995 MINUTES OF ORDER THE COURT ORDERS:

1. That the creditor's petition filed on 22 December 1993 be dismissed. 2. That there be no order as to costs. NOTE: Settlement and entry of orders is dealt with in Part X, Div 5 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT ) No VP 1418 of 1993 OF THE STATE OF VICTORIA ) RE: DAVID NIGEL BULLMORE (Debtor) EX PARTE:

TYNDALL LIFE INSURANCE COMPANY LIMITED (Petitioning Creditor) CORAM: RYAN J PLACE: MELBOURNE DATE: 15 SEPTEMBER 1995

REASONS FOR JUDGMENT RYAN J: On 30 July 1993 a bankruptcy notice issued on the application of Tyndall Life Insurance Company Limited ("Tyndall") directed to David Nigel Bullmore ("the debtor") claiming the sum of $223,693.30 due under a final order of the County Court of Victoria made on 23 June 1993. On 30 August 1993 Barry Sandars, a process server, retained on behalf of Tyndall, swore an affidavit of service in which he deposed to having served a copy of the bankruptcy notice on the debtor on 29 August 1993. By that affidavit it was deposed, as far as is relevant: "... 1. I am a Process Server and I have attained the age of 16 years. 2. On the 29th day of August 1993 at 8.40 o'clock in the afternoon I served David Nigel Bullmore with a copy of the Bankruptcy Notice herein signed and stamped by the Registrar by delivering the said Notice to him personally at 42 Mundara Drive East Ringwood.