Sogelease Australia Ltd v Griffin, in the matter of D J Griffin [2003] FCA 453

FEDERAL COURT OF AUSTRALIA

Sogelease Australia Ltd v Griffin, in the matter of D J Griffin [2003] FCA 453

BANKRUPTCY – creditors' petition – mode of service on a debtor – whether personal service required – whether service of a petition is "required or permitted" by the Bankruptcy Act 1966 (Cth) or the Bankruptcy Regulations 1996 (Cth) – where personal service not effected – operation of Bankruptcy Regulations 1996 (Cth) reg 16.01

PRACTICE & PROCEDURE – creditors' petition – mode of service on a debtor – whether personal service required – petition as originating process of the Federal Court – operation of Federal Court Rules O 7 r 1

Bankruptcy Act 1966 (Cth) ss 27, 31, 40, 41, 43, 52, 85, 139A, 139B, 140, 306, 309, 315 Bankruptcy Legislation Amendment Act 1996 (Cth) Federal Court Act 1976 (Cth) s 51 Bankruptcy Regulations 1996 (Cth) reg 16.01 Bankruptcy Rules r 15 Federal Court Rules O 1 r 8, O 1 r 11, O 7 r 1, O 7 r 2, O 7 r 9, O 7 r 10, O 9 r 6, O 9 r 7, O 77 SOGELEASE AUSTRALIA LTD & ANOR v DAVID JAMES GRIFFIN, IN THE MATTER OF D J GRIFFIN N 7101 OF 2003 EMMETT J 1 MAY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N7101 OF 2003

BETWEEN: SOGELEASE AUSTRALIA LIMITED ACN 002 093 030

FIRST APPLICANT CREDITOR

SG AUSTRALIA LIMITED ACN 002 093 021

SECOND APPLICANT CREDITOR

AND: DAVID JAMES GRIFFIN

RESPONDENT DEBTOR

JUDGE: EMMETT J

DATE OF ORDER: 1 MAY 2003

WHERE MADE: SYDNEY

THE COURT DECLARES THAT:

1. pursuant to O 9 r 7(1)(c), the petition filed in this proceeding has not been duly served on the respondent.

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 N7101 OF 2003