Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lewis v Lamru Pty Ltd; In the Matter of Lewis [2011] FCA 758 Citation: Lewis v Lamru Pty Ltd; In the Matter of Lewis [2011] FCA 758
Parties: PETER LAWRENCE LEWIS v LAMRU PTY LTD (ACN 052 117 923); IN THE MATTER OF PETER LAWRENCE LEWIS
File number: NSD 1540 of 2010
Judge: FOSTER J
Date of judgment: 6 July 2011
Catchwords: BANKRUPTCY – whether a bankruptcy notice should be set aside on grounds that the judgment upon which the notice was founded was misdescribed in the notice and that the amount claimed was overstated because of a misunderstanding of the basis upon which interest on the principal amounts ordered by the Supreme Court of NSW was to be calculated
Legislation: Bankruptcy Act 1966 (Cth), ss 40(1)(g), 41(2), 41(3), 41(5) and 306 Bankruptcy Regulations 1966, reg 4.02 Civil Procedure Act 2005 (NSW) Federal Court of Australia Act 1976 (Cth), s 35A(5) Uniform Civil Procedure Rules 2005 (NSW)
Cases cited: Kation Pty Ltd v Lamru Pty Ltd; Lewis v Nortex Pty Ltd (In Liq) (No 2) [2009] NSWCA 428 related Kation Pty Ltd v Lamru Pty Ltd; Lewis v Nortex Pty Ltd (In Liq) (2009) 257 ALR 336 related Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2006] NSWSC 480 related Adams v Lambert (2006) 228 CLR 409 applied Amos v Brisbane TV Ltd (2000) 100 FCR 82 followed Martin v Commonwealth Bank of Australia (2001) 217 ALR 634 followed Mazukov v University of Tasmania [2004] FCAFC 159 followed Re Wimborne; Ex parte The Debtor (1979) 24 ALR 494 followed Seovic Civil Engineering Pty Ltd v Groeneveld (1999) 87 FCR 120 followed Totev v Sfar (2008) 167 FCR 193 cited
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