Owners Corp (Formerly The Proprietors) Strata Plan 3438 v Hudson, Geoffrey Stephen [1998] FCA 762

FEDERAL COURT OF AUSTRALIA

bankruptcy– Creditor's petition – act of bankruptcy, alleged non-compliance with bankruptcy notice – whether debtor tendered payment within time fixed in bankruptcy notice – whether tender not accepted by creditor is to be treated as payment – two alternative addresses stated in bankruptcy notice where payment "can be made" – whether both must be addresses where reasonably practicable for debtor to pay creditor throughout period of bankruptcy notice – at one of the addresses, a residential address, secretary of creditor not available during working hours or on two evenings of the week – also secretary not prepared to accept payment without checking with creditor's solicitor – bankruptcy notice invalid for stating an address where not reasonably practicable to pay at reasonable times throughout period fixed in bankruptcy notice – creditor not entitled to rely on act of bankruptcy in which creditor participates or which creditor forces debtor to commit.

Bankruptcy Act 1966 ss 41 (2)

Bankruptcy Regulations r 4.02 (1)

Bankruptcy Forms Form 1

Alcatel Australia Ltd v PRB Holdings Pty Ltd (1998) 27 ACSR 708 applied

Australian Mid-Eastern Club Ltd v Yassim (1989) 1 ACSR 399 referred to Marshall v Barkworth (1833) 4 B & Ad 508 (110 ER 546) applied Ex parte Brown (1838) Mont & C 177 applied Ex parte Gratton (1841) 2 MD & D 401 applied Ex parte Musgrove (1843) 3 MD & D 386 applied Ex parte Danks; re Farley (1852) 2 De GM & G 936 (42 ER 1138) applied Ex parte Astrup; re le Fevre (1879) 11 Ch D 303 applied Ex parte Greener; re Greener (1880) 15 Ch D 457 applied Re Sedgwick; ex parte McMurdo (1888) 60 LTR Rep (NS) 9 applied Re Dennis; ex parte Dennis (1888) 60 LT 348 applied In re a Debtor; ex parte Lawrence [1928] 1 Ch D 665 applied Re Solomon; ex parte Reid (1986) 10 FCR 423 applied