Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Burke v Chesterfield Australia Pty Ltd [2012] FCA 663 Citation: Burke v Chesterfield Australia Pty Ltd [2012] FCA 663
Appeal from: Burke v Chesterfield Australia Pty Ltd (ACN 001 654 762) [2010] FMCA 10
Parties: BRUCE PATRICK BURKE v CHESTERFIELD AUSTRALIA PTY LTD ACN 001 654 762
File number: QUD 66 of 2012
Judge: LOGAN J
Date of judgment: 25 May 2012
Catchwords: BANKRUPTCY AND INSOLVENCY – bankruptcy notice – discretionary power of Court to annul a bankruptcy due to respondent attaching to notice a covering letter which stated amount to be paid as including costs of issuing the notice – whether the Court must be satisfied that the sequestration orders should not have been made – applicant provided no evidence of solvency
Legislation: Bankruptcy Act 1924 (Cth) Bankruptcy Act 1966 (Cth) ss 41, 153B
Cases cited: Alfio Peter Bulic v Commonwealth Bank of Australia Limited [2007] FCA 307 applied Burke v Chesterfield Australia Pty Ltd (ACN 001 654 762) [2012] FMCA 10 referred to Cameron v Cole (1944) 68 CLR 571 cited Cottrell v Wilcox [2002] FCA 1115 considered Kleinwort Benson Australia Limited v Crowl (1988) 165 CLR 71 considered Re A Debtor (478 of 1908) [1908] 2 K.B. 684 considered Re Bates (1887) 4 Mor. 192 considered Re Frank; Ex parte Piliszky (1987) 16 FCR 396 considered Re Papps; Ex parte Tapp (1997) 78 FCR 524 cited Re Pollard; Ex parte Lensing Management Co Pty Limited (1991) 33 FCR 284 followed Re Williams (1968) 13 FLR 10 considered Rigg v Baker (2006) 155 FCR 531 considered St George Wholesale Finance Pty Ltd v Spalla (2000) 181 ALR 682 considered Hunter M and Graham D, Williams and Muir Hunter on Bankruptcy (19th ed, Stevens & Sons, 1979)
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