Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Irani v Hollyburton UK Limited [2007] FCA 1447
BANKRUPTCY – bankruptcy notices – circumstances where notice substantially complies with requirements of relevant legislation – whether requirement made essential by the Act – principles to be applied – application of principles set out by the High Court in Adams v Lambert – Bankruptcy Act 1966 (Cth), ss 41(2) and 306(1) – Bankruptcy Regulations 1996 (Cth), reg 4.02 – ActsInterpretation Act 1901 (Cth), s 25C
Acts Interpretation Act 1901 (Cth), s 25C Bankruptcy Act 1966 (Cth), ss 40(1), 41, 306(1) Bankruptcy Regulations 1996 (Cth), reg 4.02
Adams v Lambert (2006) 225 ALR 396 followed American Express International Inc v Held (1999) 87 FCR 583 cited Bendigo Bank Ltd v Gard (1999) 92 FCR 560 not followed Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 discussed Re Bankruptcy Act 1966; Ex parte Commercial Banking Co of Sydney Ltd (1979) 23 ALR 522 cited Re Spurr; Ex parte Werner (1991) 31 FCR 236 approved Snelgrove v Roskell (2007) 157 FCR 313 discussed The Australian Steel Company (Operations) Pty Ltd v Lewis (2000) 109 FCR 33 discussed BOMAN IRANI v HOLLYBURTON UK LIMITED VID115 OF 2007
MIDDLETON J
14 september 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID115 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: BOMAN IRANI
Appellant
AND: HOLLYBURTON UK LIMITED
Respondent
JUDGE: MIDDLETON J DATE OF ORDER: 14 september 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs. 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 VID115 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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