Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CK Nominees Australia Pty Ltd v Official Receiver (WA) [2006] FCA 967
BANKRUPTCY - whether notice invalidly issued – whether notice demonstrated that it was issued within power – whether notice was oppressive – whether the Official Receiver was entitled to require evidence on affidavit
Bankruptcy Act 1996 (Cth) ss 77C, 77C(1)(a), 77C(2) Income Tax Assessment Act 1936 (Cth) ss 264, 267B(1), 267B(2)
Federal Court Rules O 15 r 2
Clarke v Deputy Commissioner of Taxation (1989) 89 ATC 4521 Re McKee; Ex parte Laroar Holdings v Ross (1996) 71 FCR 156 Re Jonson; Prentice v Jonson (unreported, Lockhart J, 1 September 1997) Grosvenor Hill (Qld) Pty Ltd v Barber (1994) 48 FCR 301 Pyneboard Pty Ltd v Trade Practices Commission (1982) 39 ALR 565 Federal Commissioner of Taxation v The ANZ Banking Group Limited (1979) 143 CLR 499 Karas v Page (unreported, Tamberlin J, 10 November 1997)
CK Nominees Australia Pty Ltd (ACN 092 302 399) v The Official Receiver for the Bankruptcy District of the State of Western Australia and GEOFFREY FRANK TOTTERDELL in his capacity as Trustee of the bankrupt estate of Kevin Trevor Pollock wad 250 OF 2005 SIOPIS J 31 JULY 2006 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 250 OF 2005
BETWEEN: CK NOMINEES AUSTRALIA PTY LTD (ACN 092 302 399)
Applicant
AND: THE OFFICIAL RECEIVER FOR THE BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
First Respondent
GEOFFREY FRANK TOTTERDEL
in his capacity as Trustee of the bankrupt estate of Kevin Trevor Pollock
Second Respondent
JUDGE: SIOPIS J
DATE OF ORDER: 31 JULY 2006
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1 The following words be severed from the notices dated 12 August 2005 issued by the first respondent: (a) all the words in para 2 after the words 'this Notice' in the second line of that paragraph; and (b) all the words in para 3 after the words 'or delivered' in subpara 3(b) of the notice. 2 The applicant's application filed on 8 September 2005 is otherwise dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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