Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commonwealth Bank of Australia, in the matter of Oswal v Oswal [2013] FCA 391 Citation: Commonwealth Bank of Australia, in the matter of Oswal v Oswal [2013] FCA 391
Parties: COMMONWEALTH BANK OF AUSTRALIA (ABN 48 123 123 124) v PANKAJ OSWAL
File number: WAD 85 of 2013
Judge: SIOPIS J
Date of judgment: 29 April 2013
Catchwords: BANKRUPTCY – bankruptcy notice addressed to a person resident out of Australia – solicitors within Australia acted for debtor in a number of legal proceedings in Australia – substituted service of bankruptcy notice on the solicitors within Australia – whether necessary for the Court to consider whether there was a prima facie or good arguable case that the jurisdictional requirement for the making of a sequestration order based on non-compliance with the bankruptcy notice would be met.
Legislation: Bankruptcy Act 1966 (Cth) ss 40(1)(g), 43(1), 43(1)(b), 43(1)(b)(iii), 309(2)
Cases cited: Battenberg v Restrom (2006) 149 FCR 128 Commonwealth Bank of Australia v Oswal [2012] FCA 772 Commonwealth Bank of Australia v Oswal [2013] FCA 101 Commonwealth Bank of Australia v Oswal [2012] FMCA 1082 Equitrust Ltd v Bosiljevac [2007] FCA 323 Ginnane v Diners Club Ltd (1993) 42 FCR 90 Re Mendonca; Ex parte Commissioner of Taxation (Cth) (1969) 15 FLR 256
Date of hearing: 12 April 2013
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 45
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