Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ashworth v Metcash Food & Grocery Pty Ltd [2015] FCA 292 Citation: Ashworth v Metcash Food & Grocery Pty Ltd [2015] FCA 292
Parties: STEPHEN ASHWORTH v METCASH FOOD & GROCERY PTY LTD
File number(s): NSD 22 of 2015
Judge(s): GLEESON J
Date of judgment: 31 March 2015
Catchwords: BANKRUPTCY AND INSOLVENCY – application to have bankruptcy notice set aside – whether bankruptcy notice defective – whether period of post-judgment interest misstated – schedule of post-judgment interest – whether creditor may claim interest for first date identified as "date from" which interest is claimed - application dismissed
Legislation: Bankruptcy Act 1966 (Cth), ss 41, 306(1) Bankruptcy Regulations 1996 (Cth), reg 4.02, Sch 1 Civil Procedure Act 2005 (NSW), s 101 District Court Act 1973 (NSW), s 85(2)(a) Uniform Civil Procedure Rules 2005 (NSW), r 36.4
Cases cited: Adams v Lambert [2006] HCA 10; (2006) 228 CLR 409 Associated Beauty Aids Pty Ltd v Federal Commissioner of Taxation [1965] HCA 20; (1965) 113 CLR 662 Re Serafino; Ex parte Classic Manufacturing Pty Ltd (1989) 86 ALR 283 Unicomb v Cairns [2009] FCA 988 Walsh v Deputy Commissioner of Taxation [1984] HCA 33; (1984) 156 CLR 337
Date of hearing: 17 March 2015
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 27
Solicitor for the Applicant: Mr D Bowles of Bowles Lawyers
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