Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Matheson v Scottish Pacific Business Finance Pty Ltd [2005] FCA 670
BANKRUPTCY – whether service of originating proceedings breached the Privacy Act 1988 (Cth) – whether irregular service invalidates the sequestration order – whether error in the name of the debtor on bankruptcy notice and petition an irregularity – whether such irregularity invalidates petition – whether debt previously extinguished
PRACTICE AND PROCEDURE – service of creditors petition in precincts of court – whether such service invalid
Statutes Bankruptcy Act 1966 (Cth) s 306(1) Privacy Act 1988 (Cth)
Cases Baldry v Jackson [1976] 1 NSWLR 19 Foll Brookfield and Septic Products Australia Pty Ltd (In Liq) v Davey Products Pty Ltd [1988] FCA 1201 Foll Re Draper; Ex parte Australian Society of Accountants (1989) 154 FCR 41 App Re Wimbourne; Ex parte The Debtor (1979) 24 ALR 494 Foll FREDERICK MATHESON v SCOTTISH PACIFIC BUSINESS FINANCE PTY LTD QUD 64 OF 2004 KIEFEL J BRISBANE 27 MAY 2005
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY QUD 64 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: FREDERICK MATHESON
APPELLANT
AND: SCOTTISH PACIFIC BUSINESS FINANCE PTY LTD
RESPONDENT
JUDGE: KIEFEL J DATE OF ORDER: 27 MAY 2005 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant 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.
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY QUD 64 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: FREDERICK MATHESON
APPELLANT
AND: SCOTTISH PACIFIC BUSINESS FINANCE PTY LTD
RESPONDENT
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