Dua v Dawn Jade Limited [2015] FCA 505

FEDERAL COURT OF AUSTRALIA

Dua v Dawn Jade Limited [2015] FCA 505 Citation: Dua v Dawn Jade Limited [2015] FCA 505

Parties: HIMANSHU GIRDHAR DUA v DAWN JADE LIMITED and GAO FU HOLDINGS LIMITED

File number: NSD 289 of 2014

Judge: RARES J

Date of judgment: 22 April 2015

Catchwords: BANKRUPTCY – application to set aside bankruptcy notice issued under s 41(1) of the Bankruptcy Act 1966 (Cth) – where bankruptcy notice claimed payment of judgment debts in foreign currency made by foreign court and registered as orders of Supreme Court under Foreign Judgments Act 1991 (Cth) – where Supreme Court order included foreign court's order for interest on foreign judgment debts – where creditor claimed different sum in bankruptcy notice than any or all of actual sums constituting foreign currency judgment debts – where creditor had included in amount claimed in bankruptcy notice pre-judgment interest of the amount of foreign court's post-judgment interest, due up to date of Supreme Court judgment without explanation in note to bankruptcy notice – whether such explanation required in bankruptcy notice – whether debtor could be misled by failure to give such explanation – whether bankruptcy notice invalid if sum claimed did not appear on face of Supreme Court judgment – whether failure to explain how sum claimed was calculated could reasonably have misled debtor as to requirements for compliance with bankruptcy notice

Legislation: Bankruptcy Act 1966 (Cth) Bankruptcy Regulations 1996 (Cth) Foreign Judgments Act 1991 (Cth)

Cases cited: Adams v Lambert (2006) 228 CLR 409 Cameron v Cole (1944) 68 CLR 571 James v Federal Commissioner of Taxation (1955) 93 CLR 631 Re Farrugia; Ex parte Deputy Commissioner of Taxation (1988) 19 FCR 1 Re HB [1904] 1 KB 94 Kleinwort Benson Australia Limited v Crowl (1988) 165 CLR 71 Re Macks; Ex parte Saint (2000) 204 CLR 158 Re Wong; Ex parte Kitson (1979) 27 ALR 405