Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lake and Worley Pty Limited v Blackford (in the matter of Alan Blackford) [2004] FCA 208 Lake and Worley Pty Limited v Blackford (in the matter of Alan Blackford) N 7164 of 2003 ALLSOP J 16 MARCH 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7164 of 2003
BETWEEN: LAKE AND WORLEY PTY LIMITED
(ACN 000 185 606)
APPLICANT
AND: ALAN BLACKFORD
RESPONDENT
JUDGE: ALLSOP J
DATE OF ORDER: 16 MARCH 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 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 N 7164 of 2003
BETWEEN: LAKE AND WORLEY PTY LIMITED
(ACN 000 185 606)
APPLICANT
AND: ALAN BLACKFORD
RESPONDENT
JUDGE: ALLSOP J
DATE: 16 MARCH 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application by a creditor Lake and Worley Pty Limited under s 43 of the Bankruptcy Act 1966 (Cth) (the Act) for a sequestration order against the estate of the debtor, Alan Blackford. 2 The debtor did not appear. 3 A Registrar referred the matter to a judge because of a perceived issue concerning the form of the bankruptcy notice. 4 On 21 March 2003 the creditor served a bankruptcy notice on the debtor. The notice claimed that the debtor owed the creditor a debt of $21,790.08 "as shown in the Schedule". The body of the notice appears to have been in conformity with Form 1 of Schedule 1 to the Bankruptcy Regulations 1996. The schedule to the notice was in the form provided for by Form 1 and was as follows: Column 1 Column 2 1. Amount of judgement or order $15,457.54 Plus 2. Legal costs if ordered to be paid and a specific amount was not included in the judgement or order (see Note 1, below) $6,630.28 Plus 3. If claimed in this Bankruptcy Notice, interest accrued since the date of judgement or order (see Note 2, below) $2,702.26 For calculations, see page 6 4. Subtotal $24,790.08 Less 5. Payments made and/or credits allowed since date of judgement or order NIL 6. Total debt owing $24,790.08
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