Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Reasonable Endeavours Pty Ltd v Dennehy [2001] FCA 188
BANKRUPTCY – notice of opposition to applicant creditor's petition – whether bankruptcy notice was invalid on account of execution on the judgment upon which it relied being stayed at the time the bankruptcy notice was applied for and deemed to be served – whether execution on the judgment can be said to have stayed on account of the fact that leave of the Supreme Court of Victoria is required before a warrant of seizure and sale may be issued Bankruptcy Act 1966 (Cth) ss40(1)(g), 41(3)(b)
Re Exell; ex parte Martin (1995) 62 FCR 337 not followed
In Re Overseas Aviation Engineering (GB) Ltd [1963] Ch 24 referred to
Re Pannowitz; ex parte Wilson (1975) 38 FLR 184 followed
Re Seers (1955) 17 ABC 11 referred to
Penning v Steel Tube Supplies Pty Ltd (1988) 18 FCR 568 applied
Ex parte Ide; Re Ide (1886) 17 QBD 755 referred to
Cawood v Cawood [2000] FCA 1786 followed
Abigroup Ltd v Abignano (1992) 39 FCR 74 applied
REASONABLE ENDEAVOURS PTY LTD (FORMERLY ASIACITI (AUSTRALIA) PTY LTD) v GERARD PETER DENNEHY V 7093 OF 2000 MARSHALL J MELBOURNE 9 MARCH 2001
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 7093 OF 2000
BETWEEN: REASONABLE ENDEAVOURS PTY LTD (FORMERLY ASIACITI (AUSTRALIA) PTY LTD)
APPLICANT
AND: GERARD PETER DENNEHY
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 9 MARCH 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: The creditor's petition 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
VICTORIA DISTRICT REGISTRY V 7093 OF 2000
BETWEEN: REASONABLE ENDEAVOURS PTY LTD (FORMERLY ASIACITI (AUSTRALIA) PTY LTD)
APPLICANT
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