Snelgrove v Roskell [2007] FCA 122

FEDERAL COURT OF AUSTRALIA

Snelgrove v Roskell [2007] FCA 122

BANKRUPTCY – appeal by Appellant against decision of Federal Magistrate dismissing creditor's petition – whether errors identified in bankruptcy notice fall within purview of s 306 of Bankruptcy Act 1966 (Cth) – application of principles stated by the High Court in Adams v Lambert – whether errors amount to a 'formal defect or irregularity' – proper construction of bankruptcy notice – extraneous material may be referred to in determination of whether bankruptcy notice could reasonably mislead debtor – Federal Magistrate failed to correctly apply principles in Adams v Lambert – appeal allowed BANKRUPTCY – whether creditor's petition has lapsed – proceedings adjourned pending delivery of High Court decision in Adams v Lambert – no application for extension made by Appellant – application of s 52 of Bankruptcy Act 1966 (Cth) – order made by Federal Magistrate more than 12 months after creditor's petition presented – matter remitted for consideration by Federal Magistrates Court

Bankruptcy Act 1966 (Cth) – ss 52, 306 Bankruptcy Regulations 1996 (Cth) – Reg 4.02 Legal Profession Act 1987 (NSW) – s 208J(3) Adams v Lambert (2006) 225 ALR 396 followed Clyne v Deputy Commissioner of Taxation (1982)42 ALR 703 cited Franks v Warringah Council (2003) 131 FCR 287 cited Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 followed Makhoul v Barnes (1995) 60 FCR 572 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 referred to Re Howell; Ex parte Commissioner of Taxation (1996) 70 FCR 261 cited Re Wimborne; Ex parte the Debtor (1979) 24 ALR 494 cited Re Young; Ex parte Smith (1985) 5 FCR 204 cited Roufos v Andrea (1981) 57 FLR 10 cited Wren v Mahony (1972) 126 CLR 212 cited McDonald, Henry and Meek, Australian Bankruptcy Law and Practice, 5th ed, Lawbook Co JOHN ANTHONY SNELGROVE v DAVID ROSKELL NSD 1239 OF 2006