Jennings v Over 50s Mutual Friendly Society Limited [2007] FCA 430

FEDERAL COURT OF AUSTRALIA

Jennings v Over 50s Mutual Friendly Society Limited [2007] FCA 430 KENNETH ROSS JENNINGS v OVER 50S MUTUAL FRIENDLY SOCIETY LIMITED (ACN 087 649 054) AND OFM CAPITAL LIMITED (ACN 007 108 509) VID 1669 OF 2005 MARSHALL J

23 MARCH 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1669 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: KENNETH ROSS JENNINGS

Appellant

AND: OVER 50S MUTUAL FRIENDLY SOCIETY LIMITED

(ACN 087 649 054)

First Respondent

OFM CAPITAL LIMITED (ACN 007 108 509)

Second Respondent

JUDGE: MARSHALL J DATE OF ORDER: 23 MARCH 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant pay the respondents' costs of the appeal, such costs to be treated as costs of the petitioning creditors in the bankruptcy.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1669 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: KENNETH ROSS JENNINGS

Appellant

AND: OVER 50S MUTUAL FRIENDLY SOCIETY LIMITED (ACN 087 649 054)

First Respondent

OFM CAPITAL LIMITED (ACN 007 108 509)

Second Respondent

JUDGE: MARSHALL J

DATE: 23 MARCH 2007

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 Mr Jennings is a bankrupt. A Federal Magistrate sequestrated his estate. He appeals from that order to this Court. The Court below made the sequestration order after dealing with a creditors' petition issued by the respondent creditors in reliance on a bankruptcy notice issued on 9 August 2005 ('second bankruptcy notice'). Mr Jennings contends that the issue and service of that bankruptcy notice was an abuse of process. His Honour below rejected that contention. The issue for current determination is whether his Honour correctly rejected that contention.