Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
St George Wholesale Finance Pty Ltd v Spalla [2000] FCA 1094 BANKRUPTCY – bankruptcy notice – failure to state payments made and/or credits allowed since date of judgment – whether a defect within s 41(5) – whether a formal defect only – likelihood of confusing the debtor – discretion to dismiss petition Bankruptcy Act 1966 (Cth) s 41(2), 412(5), 52(2)(b), 306(1) Bankruptcy Regulations r 4.02 Spalla v St George Wholesale Finance Pty Ltd [1999] FCA 513 mentioned Spalla v St George Wholesale Finance Pty Ltd (1999) 95 FCR 359 mentioned Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 at 79-80 applied Jones v Dunkel (1959) 101 CLR 298 applied Kirk v Ashdown [1999] FCA 166 mentioned Trustees of the Franciscan Missionaries of Mary v Weir [2000] FCA 574 mentioned Bendigo Bank Ltd v Williams [2000] FCA 482 mentioned Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 at 347-352 applied Re Wimborne (1979) 24 ALR 494 at 498 applied ST GEORGE WHOLESALE FINANCE PTY LTD v ANTHONY PATRICK SPALLA NO V 7877 OF 1999 HEEREY J 15 AUGUST 2000 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 7877 OF 1999
IN THE MATTER OF: ANTHONY PATRICK SPALLA
BETWEEN: ST GEORGE WHOLESALE FINANCE PTY LTD
ACN 001 834 886
Applicant Creditor
AND: ANTHONY PATRICK SPALLA
RESPONDENT
Respondent Debtor JUDGE: HEEREY J
DATE OF ORDER: 15 AUGUST 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The petition is dismissed. 2. The applicant pay the respondent's costs to be taxed, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 7877 OF 1999
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