Yu, Patrick Ho Hang v Farrow Mortgage Services Pty Ltd (in liq) [1995] FCA 889

CATCHWORDS Bankruptcy - generally - whether bankruptcy notice a nullity - a nullity if it could reasonably mislead a debtor or if it fails to meet a requirement made essential by the Act - effect of Acts Interpretation Act s 25C - requirement that a bankruptcy notice be in accordance with the prescribed form is itself a requirement made essential by the Act - Bankruptcy Act s 41(1)(a) - departures from prescribed form may yet be formal defects or irregularities which do not invalidate the notice. Bankruptcy - generally - whether bankruptcy notice a nullity - requirement to state address for the creditor an essential requirement - where address is not stated in the recital but is stated elsewhere the notice will only be a nullity if the misplacement is apt to mislead the debtor - notice must not be expressed to require payment at the stated address to the exclusion of other places where the judgment creditor may be found - address may be stated as care of the offices of the creditor's solicitors provided it is reasonably practicable to make payment or to secure or compound there. Bankruptcy - generally - whether bankruptcy notice a nullity - statement of the amount claimed - judgment creditor may only claim outstanding balance of the debt - notice should specify both that the amount claimed is the balance and the amounts previously paid - statement of the amount claimed could reasonably mislead the debtor - bankruptcy notice a nullity. Bankruptcy - generally - whether bankruptcy notice a nullity - whether required to bear Australian Company Number of creditor - not a public document of the company and therefore not required - Corporations Law s 88A and s 219(3). Bankruptcy Act 1966 s 41(1), s 41(2), s 306(1) Corporations Law s 88A, s 219(3) Acts Interpretation Act 1901 s 25C, s 46(1)(a) Bankruptcy Rules, r 6(1), r 8, Form 2, Form 4 Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 at 79, 80 and 82 applied Re Wimborne (1979) 24 ALR 494 at 498 applied Somsak Ma v Farrow Mortgage Services Pty Limited (in liquidation) 18 August 1995, unreported, applied Re St Leon; Ex parte National Australia Bank Limited (1994) 54 FCR 371 at 378 applied Re Nugent; Ex parte Nugent (1985) 5 FCR 161 applied Sub nom Nugent v Brialkim Pty Limited (1985) 61 ALR 725 applied Re Pugliese; Ex parte the Chase Manhattan Bank of Australia Ltd (1993) 44 FCR 536 James v Federal Commissioner of Taxation (1955) 93 CLR 631 Re Manion; Ex parte Deputy Commissioner of Taxation (1979) 23 ALR 270 at 274 Re Walsh (1982) 47 ALR 751; affd (1983) 47 ALR 616, (1984) 53 ALR 606 PATRICK HO HANG YU v FARROW MORTGAGE SERVICES PTY LIMITED (IN LIQUIDATION) NP817 of 1995 CORAM: Lehane J PLACE: Sydney DATE: 3 November 1995