Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McWilliam v Jackson [2000] FCA 175 BANKRUPTCY – Bankruptcy notice – Application to set aside bankruptcy notice - Validity of notice – Creditor identified in notice as "Anthony Jackson & Ors" – Whether sufficient identification of creditor – Notice signed on behalf of agent of creditor by her employee – Whether this constituted substantial compliance with requirements of regulations – Whether "formal defect" or "irregularity" not giving rise to possible prejudice – Alternative application for declaration that debtor had established the existence of a counter-claim, set-off or cross demand that could not be set up in proceeding in which judgment obtained – Whether pending appeal may constitute a counter-claim, set-off or cross demand. Bankruptcy Act 1966, ss 40, 41 and 306 Bankruptcy Regulations, reg 4.02 Federal Court Rules, Order 45 rule 9 Acts Interpretation Act 1901, s25C Legal Profession Act 1987 (NSW), ss 202, 206 and 208J BRUCE SCOTT McWILLIAM v ANTHONY JACKSON & ORS N8290 of 1999 WILCOX J SYDNEY 25 FEBRUARY 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N8290 of 1999
IN THE MATTER OF BRUCE SCOTT McWILLIAM
BETWEEN: BRUCE SCOTT McWILLIAM
Applicant
AND: ANTHONY JACKSON & ORS
Respondent
JUDGE: WILCOX J
DATE OF ORDER: 25 FEBRUARY 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. It be declared that bankruptcy notice 2084/99, issued against the applicant, Bruce Scott McWilliam, on 25 October 1999, is a nullity. 2. Anthony Jackson pay the costs of the said applicant of this proceeding. 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 N8290 of 1999
IN THE MATTER OF BRUCE SCOTT McWILLIAM
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