Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Sunderland v G & J Drivas Pty Ltd [2000] FCA 1029
BANKRUPTCY – application to set aside bankruptcy notice – applicant alleged that the bankruptcy notice was invalid because it had not been served personally, and was defective as to form – proper service is not an issue which arises in relation to an application to set aside a notice – the over-statement of interest could not reasonably be regarded as misleading in this instance – the typographical error did not constitute a material error - both the over-statement of interest and the typographical error constituted 'formal defects or irregularities' pursuant to Bankruptcy Act 1966 (Cth) s306
Bankruptcy Act 1966 (Cth) ss 41(5), 306 Walsh v Deputy Commissioner of Taxation (Cth) (1984) 156 CLR 337 applied Re George; Ex parte Tricontinental Corporation Limited (1994) 126 ALR 541 cited Khadpekar v Kowanyama Aboriginal Council [1999] FCA 1748 cited DONNA ANNE SUNDERLAND v G & J DRIVAS PTY LTD & ANOR N 7175 OF 2000 HELY J 25 JULY 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7175 OF 2000
BETWEEN: DONNA ANNE SUNDERLAND
APPLICANT
AND: G & J DRIVAS PTY LTD
FIRST RESPONDENT
TELADO PTY LIMITED
SECOND RESPONDENT
JUDGE: HELY J
DATE OF ORDER: 25 JULY 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application to set aside the bankruptcy notice 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
NEW SOUTH WALES DISTRICT REGISTRY N 7175 OF 2000
BETWEEN: DONNA ANNE SUNDERLAND
APPLICANT
AND: G & J DRIVAS PTY LTD
FIRST RESPONDENT
TELADO PTY LIMITED
SECOND RESPONDENT
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