Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rankine v Lord [2011] FCA 478 Citation: Rankine v Lord [2011] FCA 478
Appeal from: Lord & Anor v Rankine & Ors [2010] FMCA 668
Parties: GEOFFREY JAMES RANKINE, KARIN ELKE RANKINE and SOUTHERN CROSS AUTOGLASS PTY LIMITED (ACN 129 010 019) v JOHN FREDERICK LORD AND ATLE CROWE-MAXWELL IN THEIR CAPACITIES AS SPECIAL PURPOSE LIQUIDATORS OF NIELSEN AND MOLLER AUTOGLASS PTY LIMITED (IN LIQUIDATION) (ACN 107 721 595 )
File number: NSD 1308 of 2010
Judge: MARSHALL J
Date of judgment: 12 May 2011
Corrigendum: 17 June 2011
Catchwords: BANKRUPTCY – appeal from Federal Magistrates Court – application to set aside a bankruptcy notice issued to recover costs from a judgment debtor – bankruptcy notice incorrectly issued to a party who is not a creditor –overstatement of debt due to include local court filing fee – claim that issue of bankruptcy notice was an abuse of process
Legislation: Bankruptcy Act 1966 (Cth) s 30, s 33, s 40, s 41, s 306 Corporations Act 2001 (Cth) s 536 Legal Profession Act 1987 (NSW) s 208J Civil Procedure Act 2005 (NSW) s 98
Cases cited: Lo v Nielsen and Moller (Autoglass) (NSW) Pty Ltd [2008] NSWSC 407 Re Nielsen and Moller Autoglass (NSW) Pty Limited (in liq); Geoffrey James Rankine v John Frederick Lord [2008] NSWSC 1197 Reid v Hubbard [2003] FCA 1424 Re Athans; ex parte Athans (1991) 29 FCR 302 Re Gibbs; ex parte Triscott (1995) 65 FCR 80 Adam v Lambert (2006) 228 CLR 409 Croker v Commissioner of Taxation (2005) FCA 127 Walsh v Deputy Federal Commissioner of Taxation (1984) 156 CLR 337
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