Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vereker & Ors, in the matter of Timbs v Timbs [2001] FCA 1776 BANKRUPTCY – bankruptcy notice – whether bankruptcy notice was in form prescribed by the Bankruptcy Regulations 1966 (Cth) Bankruptcy Act 1966 (Cth) s 41(2) Bankruptcy Regulations 1966 (Cth) reg 4.02 The Australian Steel Company (Operations) Pty Ltd v Lewis (2000) 109 FCR 33 cited Farrugia v Farrugia [2000] FCA 129 referred to Re O'Keefe; Ex parte Australian Factors Ltd (1963) 19 ABC 101 applied Re The Bankruptcy Act 1966; Ex parte Commercial Banking Co of Sydney Ltd (1979) 23 ALR 522 referred to IN THE MATTER OF ALLAN TIMBS ANTHONY VEREKER & ORS v ALLAN TIMBS N 7268 OF 2001 BRANSON J SYDNEY 14 DECEMBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7268 OF 2001
IN THE MATTER OF: ALLAN TIMBS
BETWEEN: ANTHONY VEREKER, STEPHEN TITUS, MARK GREEN
and PETER WILLIAMSON t/as VEREKERS SOLICITORS
APPLICANTS
AND: ALLAN TIMBS
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 7 NOVEMBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT the creditor's petition be dismissed
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7268 OF 2001
IN THE MATTER OF: ALLAN TIMBS
BETWEEN: ANTHONY VEREKER, STEPHEN TITUS, MARK GREEN
and PETER WILLIAMSON t/as VEREKERS SOLICITORS
APPLICANTS
AND: ALLAN TIMBS
RESPONDENT
JUDGE: BRANSON J
DATE: 14 DECEMBER 2001
WHERE MADE: SYDNEY
REASONS FOR JUDGMENT
BRANSON J
INTRODUCTION 1 On 7 November 2001 I ordered that the creditor's petition in this matter be dismissed on the ground that the bankruptcy notice upon which it relied for the purpose of establishing an act of bankruptcy was a nullity. I indicated that I would in due course publish written reasons for the dismissal of the petition. These are those reasons.
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