Federal Court of Australia
FEDERAL COURT OF AUSTRALIA BANKRUPTCY - bankruptcy notice - application to set aside - default judgment - service of originating process purportedly at applicant's place of residence - not place of residence - whether default judgment null - bankruptcy notice set aside
Federal Court Rules O 14 r 2 Magistrates Courts Rules (Queensland) rr 8, 55
Re Marsh; Ex Parte Marsh v Paramount Leisure Products Pty Ltd (1991) 32 FCR 482 - followed Re Willshire-Smith; Ex parte Randle & Taylor Services Pty Ltd (1994) 48 FCR 371 - followed ALAN RANDLE HILL v B.P. AUSTRALIA LIMITED VG 7400 of 1998 BEFORE: RYAN JR PLACE: MELBOURNE DATE: 14 OCTOBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 7400 of 1998
BETWEEN: ALAN RANDLE HILL
Applicant
AND: B.P. AUSTRALIA LIMITED
Respondent
JUDicial registrar: RYAN
DATE OF ORDER: 14 october 1998
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. Bankruptcy Notice QN 272 of 1998 be set aside. 2. The respondent pay the applicant's costs of and incidental to the application. 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 7400 of 1998
BETWEEN: ALAN RANDLE HILL
Applicant
AND: B.P. AUSTRALIA LIMITED
Respondent
JUDICIAL REGISTRAR: RYAN
DATE: 14 OCTOBER 1998
PLACE: MELBOURNE
REASONS FOR JUDGMENT THE APPLICATION The applicant has applied for an order to set aside a bankruptcy notice. The bankruptcy notice is founded in a default judgment in the Magistrates' Court of Queensland at Brisbane. The applicant asserts that the default judgment is a nullity in that the originating process was not served on him. EVIDENCE Evidence was primarily by affidavit although the applicant also gave evidence in person and was cross-examined. Relevant affidavit evidence came from those listed below: Evidence for the Applicant Affidavit Date Sworn Alan Randle Hill (the applicant) 3 June 1998 Alan Randle Hill (the applicant) 20 August 1998 Alan Randle Hill (the applicant) 6 October 1998 Clinton Alan Hill (security guard - applicant's son) 24 August 1998 Mechelle Irene Hill (applicant's daughter) 6 October 1998
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