Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bankruptcy - application to set aside bankruptcy notice - whether notice valid - whether notice was misleading - whether the stipulation in the notice requiring compliance within 14 days rather than 21 days was more than a formal defect - whether failure to attach a copy of the judgment relied upon to the notice was more than a formal defect. Bankruptcy Act 1966 - ss 40, 41, 306 Re Howarth; Ex parte Mortgage Acceptance Nominees Limited (1993) 43 FCR 587 - dist.
JOHN ANTHONY SCERRI V RODNEY VINCENT CAHILL (In the matter of JOHN ANTHONY SCERRI)
NG 7167 of 1998
JUDGE: BEAUMONT J.
PLACE: SYDNEY
DATE: 17 MARCH 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 7167 of 1998
IN THE MATTER OF: JOHN ANTHONY SCERRI
BETWEEN: JOHN ANTHONY SCERRI
Applicant
AND: RODNEY VINCENT CAHILL
Respondent
JUDGE: BEAUMONT J.
DATE OF ORDER: 17 MARCH 1998
WHERE MADE: SYDNEY
ORDERS: 1. The bankruptcy notice be set aside. 2. The creditor to pay the debtor's costs of this application.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 7167 of 1998
IN THE MATTER OF: JOHN ANTHONY SCERRI
BETWEEN: JOHN ANTHONY SCERRI
Applicant
AND: RODNEY VINCENT CAHILL
Respondent
JUDGE: BEAUMONT J.
DATE: 17 MARCH 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT BEAUMONT J: Before the Court is an application to set aside a bankruptcy notice. The notice was, so far as presently relevant, in the following terms, that is to say, it required compliance in para 3 of the notice as follows: "3. You are required, within 14 days after service on you of this Bankruptcy Notice: (a) to pay the creditor the amount of the debt; or (b) to make an arrangement to the creditor's satisfaction for settlement of the debt. [NOTE: The number of days to be inserted is 21 or, if an order has been made under subparagraph 40(1)(g)(ii) of the Act, the number of days constituting the time fixed by the order.]"
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