Wong v Robinson [1995] FCA 805

CATCHWORDS BANKRUPTCY - Annulment - Service of Creditor's Petition - Service valid where debtor understands the nature of the document left near the debtor, even if the serving party does not state its nature - exercise of discretion as to whether to annul the bankruptcy where the debtor is solvent. Bankruptcy Act 1966 (Cth), s 153B Bankruptcy Rules 1968 (Cth), r 15 Re O'Sullivan; Ex parte O'Sullivan v Commonwealth Bank of Australia (1995) 129 ALR 295. Re Ditfort; Ex parte Deputy Commissioner of Taxation (NSW) (1988) 19 FCR 347. Re Frank; Ex parte Piliszky (1987) 16 FCR 396. Re Raymond; Ex parte Raymond (1992) 36 FCR 424. Re Gollan; Ex parte Gollan (1992) 40 FCR 38. Re D'Onofrio; Ex parte Blyth (1983) 76 FLR 136. Re Finn; Ex parte Finn v Amoco Australia Ltd (1982) 58 FLR 54. KATHLEEN WONG; EX PARTE WONG v ROBINSON NB 515 of 1995 Sackville J. Sydney 15 September, 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) BANKRUPTCY DIVISION ) NO. NB 515 of 1995 RE: KATHLEEN WONG Debtor EX PARTE: KATHLEEN WONG Applicant/Debtor PATRICIA MAY ELIZABETH ROBINSON t/as P.M.E. ROBINSON & CO Respondent/Creditor CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 15 SEPTEMBER, 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The hearing of the application be adjourned until 29 September 1995 at 9.30 a.m. for further orders. 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. NB 515 of 1995 BANKRUPTCY DIVISION ) RE: KATHLEEN WONG Debtor EX PARTE: KATHLEEN WONG Applicant/Debtor PATRICIA MAY ELIZABETH ROBINSON t/as P.M.E. ROBINSON & CO Respondent/Creditor CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 15 SEPTEMBER, 1995 REASONS FOR JUDGMENT The applicant is a bankrupt, against whom a sequestration order was made on 13 March 1995. The order was made on the petition of the respondent creditor, trading as P.M.E. Robinson & Co, Solicitors. The creditor's petition claimed that the present applicant was indebted in the sum of $7,787.59, being the amount due under a final judgment recovered in the Local Court on 6 September 1994, including a small amount of interest. The act of bankruptcy was the failure of the debtor to comply, on or before 2 December 1994, with the requirements of the bankruptcy notice that was served on 31 October 1994. The present application is brought under s.153B of the Bankruptcy Act 1966 (Cth) to annul the sequestration order. Section 153B provides as follows: