Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Derriman v National Australia Bank Limited [2005] FCA 75
BANKRUPTCY – Validity of bankruptcy notice served on debtor – Bankruptcy notice failed to contain a note in the prescribed form headed 'For the Information of the Creditor' – Whether inclusion of these words was a requirement of a valid notice – If so, whether the requirement was essential or its omission a merely formal defect. The Australian Steel Company (Operations) Pty Ltd v Lewis [2000] FCA 1915; 109 FCR 33 considered and applied Bankruptcy Act 1966 (Cth) ss 41, 306 Bankruptcy Rules 1997 (Cth) rule 4.02, Schedule 1 KYM DERRIMAN v NATIONAL AUSTRALIA BANK LIMITED NSD 1554 of 2004 NSD 1555 of 2004 WILCOX J 15 FEBRUARY 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1554 of 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: KYM DERRIMAN
APPELLANT
AND: NATIONAL AUSTRALIA BANK LIMITED
RESPONDENT
JUDGE: WILCOX J
DATE OF ORDER: 15 FEBRUARY 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. 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 NSD 1555 of 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: KYM DERRIMAN
APPELLANT
AND: NATIONAL AUSTRALIA BANK LIMITED
RESPONDENT
JUDGE: WILCOX J
DATE OF ORDER: 15 FEBRUARY 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA NSD 1554 of 2004
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