Grant v Green & Associates Pty Ltd [2021] FCA 934

Federal Court of Australia

Grant v Green & Associates Pty Ltd [2021] FCA 934 File number: NSD 518 of 2021

Judgment of: WIGNEY J

Date of publication of judgment: 10 August 2021

Catchwords: BANKRUPTCY – application to set aside bankruptcy notice on the grounds of defects – whether defects in bankruptcy notice were merely formal defects – where debt specified in notice overstated the amount owing – where wrong address of creditor appeared in notice – where wrong address for service of documents on the creditor appeared in notice – where overstatement of debt not merely a formal defect for purposes of s 306 of the Bankruptcy Act 1966 (Cth) because notice of the overstatement was given in accordance with s 41(5) of the Bankruptcy Act – where other errors immaterial to validity of notice – notice set aside

Legislation: Bankruptcy Act 1966 (Cth), ss 41(5), 41(6A), 306

Cases cited: Adams v Lambert (2006) 228 CLR 409; [2006] HCA 10 Bonds Industries Ltd v Sing [1999] FCA 1055 Croker v Commissioner of Taxation (2005) 145 FCR 150; [2005] FCA 127 Foote v Mid-West Finances Pty Ltd (1997) 78 FCR 306 Hussain v King Investment Solutions Pty Ltd (2006) 153 FCR 428; [2006] FCA 905 Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 Menniti v ACN 116 746 859 Pty Ltd [2019] FCCA 1856 Re Florance, Ex Parte Turimetta Properties Pty Ltd (1979) 28 ALR 403 Re Wimbourne; Ex parte the Debtor (1979) 24 ALR 494 Seovic Civil Engineering Pty Ltd v Groeneveld (1999) 87 FCR 120 Skouloudis v St George Bank Ltd (2008) 173 FCR 236; [2008] FCA 1765 Walsh v Deputy Commissioner of Taxation (1984) 156 CLR 337