Federal Court of Australia
Federal Court of Australia
Quinn v O'Rourke, in the matter of O'Rourke (No 2) [2020] FCA 1156 File number: NSD 247 of 2020
Judgment of: GLEESON J
Date of judgment: 11 August 2020
Catchwords: BANKRUPTCY AND INSOLVENCY – application for sequestration order – where respondent contends that service of bankruptcy notice not effected – where service effected to last known address and/or email address – application for sequestration order granted
Legislation: Bankruptcy Act 1966 (Cth) ss 40 41, 43, 52 Bankruptcy Regulations 1996 rr 4.02, 16.01
Cases cited: Civic Video Pty Ltd v Warburton [2013] FCA 934; (2016) 216 FCR 61 Curtis v Singtel Optus Pty Ltd [2014] FCAFC 144; 225 FCR 458 MacDonald v Official Trustee in Bankruptcy [2001] FCA 140; 107 FCR 72 Napiat Pty Ltd v Salinger (No 7) [2011] FCA 1322; 202 FCR 264
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 83
Date of hearing: 14 July, 10 August 2020
Counsel for the Applicants: D Krochmalik
Solicitor for the Applicants: Axon Legal
Counsel for the Respondent: The Respondent appeared in person (14 July 2020); DK Smith (10 August 2020)
ORDERS NSD 247 of 2020 IN THE MATTER OF SUSAN MARY O'ROURKE BETWEEN: ANNE ADELE QUINN AND BRIAN F QUINN Applicants
AND: SUSAN MARY O'ROURKE Respondent
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