Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Meekin v Commonwealth Bank of Australia [1999] FCA 682
BANKRUPTCY - application to set aside bankruptcy notice or to extend time for compliance - judgment debt related to a guarantee over a business venture that ultimately failed - bank allegedly made misleading representations as to the viability of the venture - whether bankruptcy notice served on the applicant was in the prescribed form - distinction between "format" and "form" of the notice - effect of certain disconformities on the validity of the notice - whether applicant might have been misled by the form bankruptcy notice - whether signature of solicitor was sufficient to secure the issue of the notice and to identify the applicant who had sought its issue - whether bank had properly proven the amount owing. WORDS & PHRASES – "form", "format". Bankruptcy Act 1966 (Cth) s 15(1) and s41 Bankruptcy Regulations reg 4.01 and reg 4.02 Acts Interpretation Act 1901 (Cth) s 25C
James v Federal Commissioner of Taxation (1955) 93 CLR 631, cited Thorpe v Bristile Ltd [1997] FCA 1369, cited JOHN RAYMOND MEEKIN v COMMONWEALTH BANK OF AUSTRALIA NG 8026 of 1998 MOORE J 26 MAY 1999
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 8026 OF 1998
BETWEEN: JOHN RAYMOND MEEKIN
Applicant
AND: COMMONWEALTH BANK OF AUSTRALIA
Respondent
JUDGE: MOORE J
DATE OF ORDER: 26 MAY 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 8026 OF 1998
BETWEEN: JOHN RAYMOND MEEKIN
Applicant
AND: COMMONWEALTH BANK OF AUSTRALIA
Respondent
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