Mudge v Hudson Timber & Hardware Limited [2004] FCA 722

FEDERAL COURT OF AUSTRALIA

Mudge v Hudson Timber & Hardware Limited [2004] FCA 722

BANKRUPTCY – judgement debt undisputed – whether bankruptcy notice served on debtor personally – whether creditor's petition served on debtor personally – conflict of evidence – process server cross-examined – affidavit of debtor's interstate solicitor belatedly filed and sought to be read despite absence of deponent for cross-examination – objection of creditor to that course – application for telephone facility for solicitor's evidence to be received rejected – sequestration order made – no basis for setting aside sequestration order of Federal Magistrate

Bankruptcy Act 1966 (Cth) ss 306 and 309(2) Bankruptcy Regulation 16.01(1) Federal Magistrates Act 1999 (Cth) ss 42 and 64 Federal Court Rules Order 1 rule 8 and Order 7 rules 1 and 2

re Long; ex parte Fraser Confirming Pty Ltd (1975) 6 ALR 338 re Ditfort ex parte Deputy Commissioner of Taxation (NSW) (1988) 83 ALR 265 re Stec; ex parte Scragg (1998) 155 ALR 173 Deputy Commissioner of Taxation v Gadaleta [1999] 42 ATR 414 Dubbo Base Hospital v Jones [1979] 1 NSWLR 225 Re Stec : ex parte Scragg (1998) 155 ALR 173 Soglease Australia Ltd v Griffin [2003] FCA 453 Gauci v Federal Commissioner of Taxation (1975) 135 CLR 81 RONALD ANTHONY MUDGE v HUDSON TIMBER AND HARDWARE LIMITED N 869 OF 2003

CONTI J 7 JUNE 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 869 OF 2003

BETWEEN: RONALD ANTHONY MUDGE

APPELLANT

AND: HUDSON TIMBER & HARDWARE LIMITED

RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 7 JUNE 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Appeal dismissed. 2. Appellant to pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.