Prudential-Bache Securities (Australia) Ltd v Warner [1999] FCA 1143

FEDERAL COURT OF AUSTRALIA

Prudential-Bache Securities (Australia) Ltd v Warner [1999] FCA 1143 BANKRUPTCY – creditor's petition – whether bankruptcy notice on which creditor's petition based valid – absence of signature of Official Receiver on bankruptcy notice – whether Official Receiver "issued" bankruptcy notice – authority of counter-staff to issue bankruptcy notices – whether absence of signature of Official Receiver mere formal defect or irregularity WORDS & PHRASES – "issue" Bankruptcy Act 1966 (Cth), s40(1)(g), s41, s306 Bankruptcy Regulations 1996, reg 4.02(1), reg 4.01 Bankruptcy Rules 1968, r7 Re O'Sullivan; ex parte Bank of New Zealand (1991) 30 FCR 112, not followed Koon Wing Lau v Calwell (1949) 80 CLR 533, considered

PRUDENTIAL-BACHE SECURITIES (AUSTRALIA) LTD v DAN WARNER N 7459 OF 1999 EMMETT J 13 AUGUST 1999

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7459 OF 1999

IN THE MATTER OF DAN WARNER

BETWEEN: PRUDENTIAL-BACHE SECURITIES (AUSTRALIA) LTD

Applicant

AND: DAN WARNER

Respondent

JUDGE: EMMETT J

DATE OF ORDER: 13 AUGUST 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Estate of Dan Warner be sequestrated.

2. The Petitioning Creditor's costs, up to and including 7 July 1999, be taxed and paid in accordance with the Bankruptcy Act 1966 (Cth).

THE COURT NOTES THAT:

3. The date of the act of bankruptcy is 22 March 1999.

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 N 7459 OF 1999

IN THE MATTER OF DAN WARNER

BETWEEN: PRUDENTIAL-BACHE SECURITIES (AUSTRALIA) LTD