Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Boylan v Farthing [1999] FCA 267 BANKRUPTCY – validity of bankruptcy notice – whether document lodged in support of the application for the issue of bankruptcy notice met the requirements of rule 7 of the Bankruptcy Rules– whether inclusion of the words "costs to be taxed" in the certificate of judgment rendered bankruptcy notice a nullity – construction of rule 101.02(1) Supreme Court Rules 1987 (SA) – whether bankruptcy notice misleading – whether Court should go behind judgment on which bankruptcy notice based to inquire into validity of a judgment debt – whether debtor had counter-claim, set-off or cross demand of the kind referred to in s 40(1)(g) Bankruptcy Act 1966 (Cth). Bankruptcy Act 1966 (Cth), ss 40(1)(g), 41(6A), 41(6C) District Court Act 1991 (SA), s 42 Supreme Court Rules 1987 (SA), r 101.02(1) Bankruptcy Rules, r 7, 10(4) (former rules)
Donald Campbell & Co v Pollak [1927] AC 732 cited Re H (No.2) [1970] 1 All ER 287 cited Copping and Perball Pty Ltd v ANZ McCaughan Limited & Others (No. 1) (1995) 179 LSJS 439 applied Kleinwort Benson Australia Limited v Crowl (1988) 165 CLR 71 cited Corney v Brien (1951) 84 CLR 343 referred Bourke v Beneficial Finance Corporation Limited (1994) 124 ALR 716 referred Olivieri v Stafford (1989) 24 FCR 413 referred FRED BOYLAN v STEPHEN FARTHING & ALEGNA PTY LTD NO. SG 124 OF 1998 VON DOUSSA, BRANSON & SUNDBERG JJ ADELAIDE 23 MARCH 1999
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SG 124 OF 1998
BETWEEN: FRED BOYLAN
Appellant
AND: STEPHEN FARTHING & ALEGNA PTY LTD
(ACN 008 286 306)
Respondents
JUDGES: VON DOUSSA, BRANSON & SUNDBERG JJ
DATE OF ORDER: 23 MARCH 1999
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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