Bonds Industries Ltd v Sing 1999] FCA 1055

FEDERAL COURT OF AUSTRALIA

Bonds Industries Ltd v Sing [1999] FCA 1055

BANKRUPTCY – creditor's petition – whether sequestration order should not be made because bankruptcy notice on which creditor's petition is founded is defective – address of Federal Court registry shown on bankruptcy notice incorrect as at date of service – whether defect in address a formal defect or an irregularity – purpose of showing address of Federal Court on bankruptcy notice compared with purpose of showing address where payments may be made – whether defect could have reasonably misled debtor as to what was necessary to comply with bankruptcy notice Bankruptcy Act 1966 (Cth), s41(1), s41(2), s306 Bankruptcy Regulations, reg 4.02(1) Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71, cited Nugent v Brialkim Pty Ltd (1985) 61 ALR 725, cited Re Celestini; ex parte Monte Paschi Australia Ltd (1996) 71 FCR 399, distinguished

BONDS INDUSTRIES LTD v ROBERT SING N7554 OF 1999

EMMETT J 23 JULY 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7554 OF 1999

IN THE MATTER OF ROBERT SING

BETWEEN: BONDS INDUSTRIES LTD

Applicant

AND: ROBERT SING

Respondent

JUDGE: EMMETT J

DATE OF ORDER: 23 JULY 1999

WHERE MADE: SYDNEY

THE COURT DECLARES THAT:

1. The proceedings on the petition are not invalidated by reason only of the fact that paragraph 10 of the Bankruptcy Notice on which the petition is based states that the Federal Court registry is located at "Federal Court of Victoria, 450 Little Burke [sic] St, Melbourne, Vic 3000, Telephone: (03) 9289 9333".

THE COURT ORDERS THAT:

2. The proceedings be remitted to the Registrar for the hearing of the petition on Monday 2 August 1999. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.