Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nunn v Citigroup Pty Ltd [2012] FCA 476 Citation: Nunn v Citigroup Pty Ltd [2012] FCA 476
Appeal from: Nunn v Citigroup Pty Ltd [2011] FMCA 1045
Parties: ROGER NUNN v CITIGROUP PTY LTD ABN 88 004 325 080
File number: SAD 339 of 2011
Judge: BESANKO J
Date of judgment: 9 May 2012
Catchwords: BANKRUPTCY – appeal from decision of Federal Magistrates Court – service of bankruptcy notice in accordance with rule 16.01(1)(c) of the Bankruptcy Regulations 1996 (Cth) – error in original affidavit of service concerning manner of service – where error corrected in subsequent affidavits and oral evidence of process server – whether error necessitated recommencement of sequestration proceedings. Held: the appeal must be dismissed.
Legislation: Bankruptcy Act 1966 (Cth) Federal Magistrates Court (Bankruptcy) Rules 2006 (Cth)
Date of hearing: 7 May 2012
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 5
Counsel for the Appellant: The Appellant appeared in person
Counsel for the Respondent: Mr S Thomas
Solicitor for the Respondent: Finlaysons
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 339 of 2011
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: ROGER NUNN
Appellant
AND: CITIGROUP PTY LTD ABN 88 004 325 080
Respondent
JUDGE: BESANKO J DATE OF ORDER: 9 MAY 2012 WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
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