Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Owners – Strata Plan No 14120 v McCarthy [2017] FCA 242 Appeal from: The Owners – Strata Plan No 14120 v McCarthy (No.2) [2016] FCCA 2007
File number: NSD 1484 of 2016
Judge: FARRELL J
Date of judgment: 14 March 2017
Catchwords: BANKRUPTCY – appeal against a decision by a judge of the Federal Circuit Court of Australia to set aside a bankruptcy notice – where amount stated as owing on bankruptcy notice exceeds amount due – whether notice complies with s 41(5) of the Bankruptcy Act 1966 (Cth) – where notice comprises various communications – notice found to be sufficient – appeal dismissed
Legislation: Bankruptcy Act 1966 (Cth) s 41(5)
Cases cited: Re Serafino; Ex parte Classic Manufacturing Pty Ltd (1989) 86 ALR 283; [1989] FCA 159 Seovic Civil Engineering Pty Ltd v Groeneveld (1999) 87 FCR 120; [1999] FCA 255 The Owners – Strata Plan No 14120 v McCarthy [2016] FCCA 1583 The Owners – Strata Plan No 14120 v McCarthy (No.2) [2016] FCCA 2007
Date of hearing: 20 December 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 32
Counsel for the Appellant: Mr D F Elliott
Solicitor for the Appellant: Grace Lawyers
Counsel for the Respondent: Mr D P Robinson SC
Solicitor for the Respondent: Cogent Lawyers
ORDERS NSD 1484 of 2016
BETWEEN: THE OWNERS - STRATA PLAN NO 14120 Appellant
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