Re Darby, James Ex Parte Pacific Publications Pty Ltd referred to in the Certificate of judgment as Southdown Press Pty Ltd (ACN 008 430 828) [1995] FCA 898

CATCHWORDS

BANKRUPTCY - Bankruptcy notice - Validity - Identity of judgment creditor - Change of name between judgment and notice - Order for substituted service of notice - Personal service - Later service pursuant to order - Order containing different deemed date of service - Date for compliance with notice - Whether notice could reasonably mislead debtor.

Clyne v. Deputy Commissioner of Taxation (1982) 42 ALR 703 Re Crisafulli; Ex parte National Commercial Banking Corporation of Australia Ltd (unreported, Toohey J., 8 July 1985) Re Spurr; Ex parte Werner (1991) 31 FCR 236 RE JAMES DARBY; EX PARTE PACIFIC PUBLICATIONS PTY LTD referred to in the Certificate of Judgment as SOUTHDOWN PRESS PTY LTD (ACN 008 430 828) No VN 727 of 1995 COURT: Sundberg J PLACE: Melbourne DATE: 9 November 1995

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No VN 727 of 1995 GENERAL DIVISION ) RE: JAMES DARBY Judgment Debtor EX PARTE: PACIFIC PUBLICATIONS PTY LTD referred to in the Certificate of Judgment as SOUTHDOWN PRESS PTY LTD (ACN 008 430 828) Judgment Creditor COURT: Sundberg J DATE: 9 November 1995 PLACE: Melbourne MINUTES OF ORDER The Court orders that: 1. A sequestration order be made against the estate of the judgment debtor. 2. Costs (including any reserved costs) be taxed and paid according to the Bankruptcy Act 1966. 3. A draft of this order be delivered to the Registrar within seven days in accordance with rule 124(2) of the Bankruptcy Act. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.