Di Giaacomo, Vittoria v Boral Steel Ltd [1983] FCA 43

Di Giaacomo, Vittoria v Boral Steel Ltd [1983] FCA 43

Because enforcement of the judgment debt was stayed by a District Court order at the time of service of the bankruptcy notice, the notice was invalid and could not found an act of bankruptcy; subsequent rescission of the order did not revive the notice.

Parties
Debtor: Vittoria Di Giacomo; Petitioning Creditor: Boral Steel Limited
Jurisdiction
Australia
Judgment Date
18 March 1983
Procedural Posture
Creditor's Petition / Final Judgment
Outcome
petition dismissed
Legal Topics
Bankruptcy Notice, Stay of Enforcement, Judgment Debt, Creditors Petition
Bankruptcy Bankruptcy Notice Stay of Enforcement Judgment Debt Creditors Petition

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Parties

Vittoria Di Giacomo

Debtor

Boral Steel Limited

Petitioning Creditor

Procedural Posture

Creditor's Petition / Final Judgment

Legal Issues

  1. 1 Whether a bankruptcy notice served while enforcement of judgment debt is stayed can found an act of bankruptcy
  2. 2 Whether rescission of stay after service of bankruptcy notice revives the notice

Ratio Decidendi

Because enforcement of the judgment debt was stayed by a District Court order at the time of service of the bankruptcy notice, the notice was invalid and could not found an act of bankruptcy; subsequent rescission of the order did not revive the notice.

Court Disposition

petition dismissed

Orders

  • Bankruptcy Notice No. B1734 of 1982 set aside
  • Petition No. P892 of 1982 dismissed