Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Battenberg v Restom, in the matter of Battenberg [2005] FCA 1184
BANKRUPTCY – substituted service of bankruptcy notice within jurisdiction but debtor outside jurisdiction at time of service – service valid PRACTICE AND PROCEDURE – order for substituted service of Bankruptcy Notice in Australia – subsequently ascertained that debtor outside Australia at time of order and time of service – order not disturbed Bankruptcy Act 1966 (Cth), s 40(1)(g) Sheahan v Joye (1995) 57 FCR 389, applied
IN THE MATTER OF ANDREW CHARLES ROBERT EDWARD ALBERT BATTENBERG
ANDREW CHARLES ROBERT EDWARD ALBERT BATTENBERG v CONWAY ANTHONY RESTOM, PETER JAMES CALDWELL, ANTHONY JAMES CORDATO, BRIAN STUART OLLIVER, PHILIP MARK DAY, ALAN WILKIE NICOL (TRADING AS MICHELL SILLAR)
NSD 612 OF 2005
GYLES J
26 AUGUST 2005
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 612 OF 2005
IN THE MATTER OF ANDREW CHARLES ROBERT EDWARD ALBERT BATTENBERG
BETWEEN: ANDREW CHARLES ROBERT EDWARD ALBERT BATTENBERG
APPLICANT
AND: CONWAY ANTHONY RESTOM, PETER JAMES CALDWELL, ANTHONY JAMES CORDATO, BRIAN STUART OLLIVER, PHILIP MARK DAY, ALAN WILKIE NICOL (TRADING AS MICHELL SILLAR)
RESPONDENTS
JUDGE: GYLES J
DATE OF ORDER: 26 AUGUST 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the costs of the respondents of the application.
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 612 OF 2005
IN THE MATTER OF ANDREW CHARLES ROBERT EDWARD ALBERT BATTENBERG
BETWEEN: ANDREW CHARLES ROBERT EDWARD ALBERT BATTENBERG
APPLICANT
AND: CONWAY ANTHONY RESTOM, PETER JAMES CALDWELL, ANTHONY JAMES CORDATO, BRIAN STUART OLLIVER, PHILIP MARK DAY, ALAN WILKIE NICOL (TRADING AS MICHELL SILLAR)
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