Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Bankruptcy - creditors petition - bankruptcy notice referred to two judgments not one - whether notice complied with Bankruptcy Act 1966. Bankruptcy Act 1966 - ss 40, 41 Acts Interpretation Act 1901 - s 23(b) THE ILLAWARRA CREDIT UNION LIMITED v PATRICK OLEJNICZAK NG 7300 of 1998 JUDGE: BEAUMONT J. PLACE: SYDNEY DATE: 26 MAY 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 7300 of 1998
BETWEEN: THE ILLAWARRA CREDIT UNION LIMITED
CREDITOR
AND: PATRICK OLEJNICZAK
DEBTOR
JUDGE: BEAUMONT J.
DATE OF ORDER: 26 MAY 1998
WHERE MADE: SYDNEY
ORDERS: 1. Make sequestration order against the estate of the debtor. 2. Order that costs as taxed be paid out of the estate, in accordance with the Bankruptcy Act 1966. 3. Suspend the operation of this order up to and including next Friday, 29 May 1998. Reserve liberty to apply in the meantime.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 7300 of 1998
BETWEEN: THE ILLAWARRA CREDIT UNION LIMITED
CREDITOR
AND: PATRICK OLEJNICZAK
DEBTOR
JUDGE: BEAUMONT J.
DATE: 26 MAY 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT BEAUMONT J: This is the hearing of a creditor's petition in bankruptcy. The act of bankruptcy relied upon is non-compliance with the requirements of a bankruptcy notice. The bankruptcy notice in question, issued under s 41 of the Bankruptcy Act 1966 ("the Act"), was unusual in that it referred not to a single judgment, but to two judgments obtained in the Local Court. It is provided, in s 40(1)(g), that an act of bankruptcy is committed if a creditor has obtained against the debtor "a final judgment or final order" in the circumstances there specified. But further, the form of a bankruptcy notice is, by the provisions of s 41(1), to be in a prescribed form. By s 41(2) the notice must require, amongst other things, that the debtor - "...pay the judgment debt or sum ordered to be paid in accordance with the judgment or order."
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