Bank of Melbourne Ltd v Hannan, Sandra Mary [1997] FCA 898

FEDERAL COURT OF AUSTRALIA BANKRUPTCY - amendments to Bankruptcy Act and Regulations between 16 December 1996 and 14 April 1997 - construction and application of Reg 4.02 - bankruptcy notice based on a final judgment or final order - absence of order for taxed costs - no legal obligation of debtor/bankrupt to pay costs of issuing bankruptcy notice - fee is not a debt unless by Court order - leave granted to amend amount of judgment debt - non-conformity with Form 1 - formal defect or irregularity - not misleading - not nullity. Bankruptcy Act 1966 Bankruptcy Regulations SR No 263 of 1996 Federal Court of Australia Act 1976, s 35A(7) Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 Jeffrey Michael Lydan & Anor v The Distribution Group (Federal Court of Australia, Northrop ACJ, unreported 5 September 1997) BANK OF MELBOURNE LIMITED (ACN 007 270 448) v SANDRA MARY HANNAN VG 7442 OF 1997 NORTHROP ACJ MELBOURNE 5 SEPTEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VG 7442 of 1997

IN THE MATTER OF:

SANDRA MARY HANNAN

Debtor

BANK OF MELBOURNE LIMITED (ACN 007 270 448)

Applicant

and

SANDRA MARY HANNAN

Respondent

COURT: NORTHROP ACJ PLACE: MELBOURNE DATE: 5 SEPTEMBER 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. A sequestration order be made against the estate of Sandra Mary Hannan. 2. The applicant's costs including reserved costs but excluding costs reserved by the order made on 19 August 1997, be taxed and paid according to the Bankruptcy Act. Note: The respondent Sandra Mary Hannan committed the act of bankruptcy on 2 May 1997. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VG 7442 of 1997