Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Skouloudis v St George Bank Ltd [2008] FCA 1765
BANKRUPTCY – notice disputing validity of bankruptcy notice for overstatement of judgment debt under s 41(5) of the Bankruptcy Act 1966 (Cth) – the operation of s 41(5) – whether an overstatement in a bankruptcy notice renders the notice invalid from the time of its issue if the requirements of s 41(5) are satisfied – notice under this Act – whether a court has the power to amend a bankruptcy notice under s 33(1)(b) once it is invalid HELD – the bankruptcy notice was invalid; s 33(1)(b) conferred no power on the Court to amend an invalid bankruptcy notice Bankruptcy Act 1966 (Cth) ss 33(1)(b), 41(5), 306(1) Federal Court of Australia Act 1976 (Cth) ss 24(1A), 25(1A) Civil Procedure Act 2005 (NSW)s 101 Supreme Court Act 1970 (NSW) s 95 Chandramouli v Wallader [2001] FCA 808 referred to Circle Credit Co-Op Ltd v Lilikakis (2000) 99 FCR 592 applied Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 considered Kyriackou v Shield Mercantile Pty Ltd (2004) 138 FCR 324 considered Pillai v Comptroller of Income Tax [1970] AC 1124 referred to Seovic Civil Engineering Pty Ltd v Groeneveld (1999) 87 FCR 120 applied Skouloudis v St George Bank Ltd [2008] FMCA 114 reversed Walsh v Deputy Federal Commissioner of Taxation (1984) 156 CLR 337 referred to KATERINA SKOULOUDIS v ST GEORGE BANK LIMITED
NSD 348 of 2008
EDMONDS J
26 NOVEMBER 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 348 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: KATERINA SKOULOUDIS
Appellant
AND: ST GEORGE BANK LIMITED
Respondent
JUDGE: EDMONDS J
DATE OF ORDER: 26 NOVEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The orders made by the Federal Magistrates Court of Australia on 8 February 2008 be set aside. 3. Bankruptcy Notice NN 2759 of 2007 be set aside. 4. The respondent pay the appellant's costs of the appeal and of the hearing in the Federal Magistrates Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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