Commonwealth Bank of Australia v Booth, In the matter of Booth [2002] FCA 430

FEDERAL COURT OF AUSTRALIA

Commonwealth Bank of Australia v Booth, In the matter of Booth [2002] FCA 430 BANKRUPTCY – Validity of bankruptcy notice – whether notice failed to comply with an essential element of the Bankruptcy Act – whether notice misleading or confusing - incorrect section of the District Court Act 1973 (NSW) under which interest was claimed cited in one part of the notice but correct section cited in another part.

Bankruptcy Act 1966 (Cth) St. George Bank Ltd v Baldwin [2001] FCA 161 followed

COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124) v STUART EDGAR BOOTH; IN THE MATTER OF STUART EDGAR BOOTH N 7038 of 2002 MOORE J 9 APRIL 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N7038 OF 2002

IN THE MATTER OF STUART EDGAR BOOTH

BETWEEN: COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124)

APPLICANT

AND: STUART EDGAR BOOTH

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 9 APRIL 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. A sequestration order be made against the estate of Stuart Edgar John Booth.

2. The applicant creditor's costs (including reserved costs, if any) be taxed (under the Federal Court Rules) and paid from the estate of the respondent debtor in accordance with the Bankruptcy Act 1966.

3. Order 1 is stayed for a period of twenty-one days from the date of this order.

The Court notes that the date of the act of bankruptcy is 10 November 2001. 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 N7038 OF 2002

IN THE MATTER OF STUART EDGAR BOOTH

BETWEEN: COMMONWEALTH BANK OF AUSTRALIA

(ACN 123 123 124)

APPLICANT

AND: STUART EDGAR BOOTH

RESPONDENT