American Express International Inc v Held [1999] FCA 321

FEDERAL COURT OF AUSTRALIA

American Express International Inc v Held [1999] FCA 321 BANKRUPTCY – bankruptcy notice – whether bankruptcy notice was a nullity because a copy of the judgment or order relied upon by the creditor was not attached to it – whether the defect was substantive or merely formal. Bankruptcy Act 1966 (Cth) s 43(1)(a), s 40(1)(g), s 40(1)(g), s 41(1), s 306(1) Bankruptcy Regulations 4.02 Pillai v Comptroller of Income Tax [1970] AC 1124 followed Kleinwort Benson Australia Limited v Crowl (1988) 165 CLR 71 followed In re A Judgment Debtor [1908] 2 KB 474 followed James v Federal Commissioner of Taxation (1955) 93 CLR 631 followed Commonwealth Bank of Australia v Horvath (Junior) (unreported, Finkelstein J, 24 February 1999) referred Scerri v Cahill (unreported, Beaumont J, 17 March 1998) referred Haros v National Australia Bank Limited (unreported, Ryan J, 24 November 1997) referred In re Cartwright; Ex parte Cartwright v Baker [1975] 1 WLR 573 referred Re Wimborne; Ex Parte The Debtor (1979) 24 ALR 494 referred Re Wong; Ex Parte Kitson (1979) 27 ALR 405 referred AMERICAN EXPRESS INTERNATIONAL INC (ACN 006 618 208) v ALEX HELD VG 7814 of 1997

KENNY J

MELBOURNE 29 MARCH 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 7814 of 1997

BETWEEN: AMERICAN EXPRESS INTERNATIONAL INC

(ACN 006 618 208)

Applicant

AND: ALEX HELD

Respondent

JUDGE: KENNY J

DATE: 29 MARCH 1999

PLACE: MELBOURNE

THE COURT ORDERS THAT: 1. The petition be dismissed. 2. There be no order as to costs. 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 7814 of 1997

BETWEEN: AMERICAN EXPRESS INTERNATIONAL INC

(ACN 006 618 208)