Carver v de Robillard [2006] FCA 1041 (In the matter of Christian Roger de Robillard)

FEDERAL COURT OF AUSTRALIA

Carver v de Robillard [2006] FCA 1041 (In the matter of Christian Roger de Robillard)

BANKRUPTCY – creditor's petition – bankruptcy notice – whether personal service of each document required – applicability of reg 16.01 of Bankruptcy Regulations to service of each class of document. Held: reg 16.01 applied to bankruptcy notice but not to creditor's petition, which must be served personally. Whether requirement of personal service can be waived. Held: Yes – and it was waived by Debtor's participating in hearing and doing other acts without challenging service.

Bankruptcy Regulations 1996 (Cth) reg 16.01 Federal Court Rules O 7 rr 1, 2

Boyle v Sacker (1888) 39 Ch D 249 cited Skalkos v T & S Recoveries Pty Ltd (2004) 141 FCR 107 cited Sogelease Australia Ltd v Griffin (2003) 128 FCR 399 cited Silvas v Silvas [1997] FCA 206 cited

GEORGE LINDSAY CARVER v

CHRISTIAN ROGER de ROBILLARD

IN THE MATTER OF CHRISTIAN ROGER de ROBILLARD NSD 735 of 2006 LINDGREN J 11 AUGUST 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 735 OF 2006

IN THE MATTER OF CHRISTIAN ROGER de ROBILLARD

GEORGE LINDSAY CARVER

APPLICANT CHRISTIAN ROGER de ROBILLARD

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 11 AUGUST 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The estate of Christian Roger de Robillard be sequestrated.

2. The applicant's costs as petitioning creditor, including any reserved costs, be taxed in accordance with the Federal Court Rules and paid from the bankrupt's estate in accordance with the Bankruptcy Act 1966 (Cth).

3. All proceedings under the sequestration order be stayed for a period of 21 days.

THE COURT NOTES THAT:

4. The date of the act of bankruptcy is 7 December 2005.