Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mbuzi v Favell (No 2) [2012] FCA 311 Citation: Mbuzi v Favell (No 2) [2012] FCA 311
Appeal from: Favell v Mbuzi [2011] FMCA 710
Parties: JOSIYAS MBUZI v PAUL JOSEPH FAVELL
File number: QUD 315 of 2011
Judge: COLLIER J
Date of judgment: 28 March 2012
Catchwords: BANKRUPTCY AND INSOLVENCY – appeal against sequestration order made by Federal Magistrate – service of bankruptcy notice – reg 16.01 Bankruptcy Regulations 1996 (Cth) – bankruptcy notice alleged to have been sent by post – evidence given of standard office practice for sending mail – claimed register of outgoing mail – claim that secretary/receptionist put bankruptcy notice in post – no evidence given by any person who may have put bankruptcy notice in post – system of postage – sequestration order of utmost seriousness – strict proof of service of bankruptcy notice required – onus of establishing proof of service of bankruptcy notice lies with creditor – appeal allowed COSTS – unrepresented litigant – self-represented litigant – appeal successful but no costs awarded
Legislation: Acts Interpretation Act 1901 (Cth) Australian Postal Corporation Act 1989 (Cth) Bankruptcy Act 1966 (Cth) ss 43, 44(1)(c), 52, 309(2) Bankruptcy Regulations 1996 (Cth) reg 16.01 Federal Court Rules 2011 (Cth) r 36.11
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