Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Boylan v Farthing [2000] FCA 575
BANKRUPTCY - whether bankruptcy notice a nullity because of non-compliance with prescribed form - omission of explanatory material - whether an essential requirement. BANKRUPTCY - application to extend time in which to comply with bankruptcy notice - application based upon application to High Court for special leave to appeal against judgment founding bankruptcy notice.
Bankruptcy Act 1966 (Cth), s 40(1)(g), s 41, s 41(2), s 44(1)(c), s 306(1) Bankruptcy Regulations, reg 4.02 Trustees of the Franciscan Missionaries of Mary v Weir [2000] FCA 574 followed Sharples v Hanson, In the Matter of Sharples [2000] FCA 426 referred Guss v Johnstone [2000] HCA 26 referred Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 referred Yu v Farrow Mortgage Services Pty Ltd (1995) 60 FCR 300 referred Bendigo Bank Ltd v Williams [2000] FCA 482 disapproved Kirk v Ashdown [1999] FCA 1664 followed Northam v Commonwealth Bank of Australia [1999] FCA 544 referred Toote v Mid-West Finance Ltd (1997) 78 FCR 306 referred Boylan v Farthing (unreported, FCA, Mansfield J, 23 October 1998) referred FRED BOYLAN v STEPHEN FARTHING & ANOR No S 7013 of 2000
FINN J 9 JUNE 2000 CANBERRA (HEARD IN ADELAIDE)
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 7013 OF 2000
BETWEEN: FRED BOYLAN
APPLICANT
AND: STEPHEN FARTHING
FIRST RESPONDENT
ALEGNA PTY LTD (ACN 008286306)
SECOND RESPONDENT
JUDGE: FINN J
DATE OF ORDER: 9 JUNE 2000
WHERE MADE: CANBERRA (HEARD IN ADELAIDE)
THE COURT ORDERS THAT: 1. the application be 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
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