Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Metledge v Hopkins [2020] FCA 561 File number: NSD 633 of 2019
Judge: LEE J
Date of judgment: 29 April 2020
Catchwords: BANKRUPTCY – determination of a separate question regarding validity of bankruptcy notice – notice invalid by reason of a failure of creditor to state an address whereby the judgment debtor may make payment for the amount claimed in notice or where he may make arrangements to secure or compound the debt
Legislation: Bankruptcy Act 1966 (Cth)
Cases cited: The Australian Steel Company (Operations) Pty Ltd v Lewis [2000] FCA 1915; (2000) 109 FCR 33 Bonds Industries Ltd v Sing [1999] FCA 1055 Croker v Commonwealth of Australia [2010] FCA 1031; 8 ABC(NS) 424 Croker v Commonwealth of Australia [2011] FCAFC 25; 9 ABC(NS) 44 Kleinwort Benson Australia Limited v Crowl (1988) 165 CLR 71 Nugent v Brialkim Pty Ltd (1985) 61 ALR 725 Re Pugliese; Ex parte v The Chase Manhattan Bank of Australia Limited (1993) 44 FCR 536 Re St Leon; Ex parte National Australia Bank Limited (1994) 54 FCR 371 Re Wimborne; Ex parte The Debtor (1979) 24 ALR 494 Sarikaya v Victorian WorkCover Authority (1997) 80 FCR 262
Date of hearing: 7 April 2020
Date of last submissions: 14 April 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
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