Re Bond, Julia Natalia Ex Parte The Bankrupt [1978] FCA 95

Re Bond, Julia Natalia Ex Parte The Bankrupt [1978] FCA 95

The sequestration order should not have been made as the debtor was not served with the bankruptcy notice (being out of the country at the relevant time) and the judgment debt had been paid in full; thus, the bankruptcy is annulled under s.154(1)(a) and (b) of the Bankruptcy Act 1966. The order for costs made at the time of the sequestration order is rescinded as such an order would not have been made if the facts regarding the debtor's absence were known.

Parties
Bankrupt/applicant: Julia Natalia Bond; Respondent's Solicitors: A.C. Boyle, Neilson & Co.
Jurisdiction
Australia
Judgment Date
08 November 1978
Procedural Posture
Application for Annulment of Bankruptcy / Final Judgment on Application, With Orders
Outcome
Application granted. Bankruptcy annulled. Costs order rescinded. No order as to costs of the present application. Exhibits to be returned to the parties tendering them.
Legal Topics
Annulment of Bankruptcy, Sequestration Order, Service of Bankruptcy Notice, Costs
Bankruptcy Annulment of Bankruptcy Sequestration Order Service of Bankruptcy Notice Costs

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Parties

Julia Natalia Bond

Bankrupt/applicant

A.C. Boyle, Neilson & Co.

Respondent's Solicitors

Procedural Posture

Application for Annulment of Bankruptcy / Final Judgment on Application, With Orders

Legal Issues

  1. 1 Whether the sequestration order should be annulled under s.154(1)(a) and (b) of the Bankruptcy Act 1966
  2. 2 Whether the bankruptcy notice and creditor's petition were properly served on the debtor
  3. 3 Whether the judgment debt has been paid in full

Ratio Decidendi

The sequestration order should not have been made as the debtor was not served with the bankruptcy notice (being out of the country at the relevant time) and the judgment debt had been paid in full; thus, the bankruptcy is annulled under s.154(1)(a) and (b) of the Bankruptcy Act 1966. The order for costs made at the time of the sequestration order is rescinded as such an order would not have been made if the facts regarding the debtor's absence were known.

Court Disposition

Application granted. Bankruptcy annulled. Costs order rescinded. No order as to costs of the present application. Exhibits to be returned to the parties tendering them.

Orders

  • The bankruptcy herein is annulled.
  • The order for costs made on 16 August, 1978 is rescinded.