NRMA Insurance Ltd v Vale [2001] FCA 511

FEDERAL COURT OF AUSTRALIA

NRMA Insurance Ltd v Vale [2001] FCA 511 BANKRUPTCY – bankruptcy notice – whether valid – debtor brought proceeding in Supreme Court – proceeding transferred to District Court – debtor unsuccessful – order for costs made against debtor – District Court decision appealed – bankruptcy notice issued – whether address of creditor's solicitor given in bankruptcy notice misleading – whether order required to be attached to bankruptcy notice is original order or costs order ‑ whether s 41(2) of Bankrupcy Act 1966 (Cth) requires certificate of taxed costs to be attached to notice BANKRUPCY –making of sequestration order – where debtor divested herself of valuable real property for nominal consideration – where appeal of decision giving rise to debt on foot – whether unfairly prejudicial to make order pending outcome of appeal

Bankrupcy Act 1966 (Cth) s 41, 52, Reg 4.02 Motor Accidents Act 1988 (Cth) s 66A Stec v Orfanos(1999) FCA 457 cited NRMA INSURANCE LIMITED v LINDA ANNE VALE (IN THE MATTER OF: LINDA ANNE VALE) N 7118 OF 2001 EMMETT J 24 APRIL 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7118 OF 2001

BETWEEN: NRMA INSURANCE LIMITED

APPLICANT

AND: LINDA ANNE VALE

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 24 APRIL 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. A sequestration order be made against the estate of Linda Anne Vale. 2. The petitioning Creditor's costs including reserved costs be taxed and paid in accordance with the Act.

THE COURT NOTES THAT: 3. The act of bankruptcy was committed on 26 February 2001. 4. Consent to act as a trustee has been signed by Roderick Mackay Sutherland and has been lodged with the official receiver in Sydney. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.