Federal Court of Australia
Federal Court of Australia Coleman v Gannaway [2023] FCA 224 File number: NSD 967 of 2022
Judgment of: JACKMAN J
Date of judgment: 16 March 2023
Catchwords: BANKRUPTCY AND INSOLVENCY – application to set aside bankruptcy notice issued under s 41(1) of the Bankruptcy Act 1966 (Cth) – where bankruptcy notice includes arithmetical error in currency conversion – where bankruptcy notice annexes two judgments – where creditor claimed lesser sum in bankruptcy notice than actual sums constituting foreign currency judgment debt – whether defect in bankruptcy notice is merely formal
Legislation: Acts Interpretations Act 1901 (Cth) s 25C Bankruptcy Act 1966 (Cth) ss 30, 41, 306 Bankruptcy Regulations 2021 (Cth) regs 8, 9, 12; sch 1
Cases cited: Adams v Lambert (2006) 228 CLR 409 Dua v Dawn Jade Ltd [2015] FCA 505 Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 Mastronardo v Commonwealth Bank of Australia Ltd (2019) 269 FCR 529 Parianos v Lymlind Pty Ltd (1999) 93 FCR 191
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 47
Date of hearing: 9 March 2023
Counsel for the Applicant: Mr T Smartt
Solicitor for the Applicant: Shiff & Company
Counsel for the Respondent: Mr NYH Li
Solicitor for the Respondent: David Legal
ORDERS NSD 967 of 2022
BETWEEN: DAVID COLEMAN Applicant AND: PAUL GANNAWAY Respondent
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