The Illawarra Credit Union Ltd v Olejniczak, Patrick [1998] FCA 671

The Illawarra Credit Union Ltd v Olejniczak, Patrick [1998] FCA 671

Because s 23(b) of the Acts Interpretation Act 1901 applies and there was nothing in the Bankruptcy Act 1966 context indicating a contrary intention, references to a judgment or order in the bankruptcy notice provisions include the plural. The bankruptcy notice was therefore valid notwithstanding that it referred to two judgments, and a sequestration order was made.

Jurisdiction
Australia
Judgment Date
26 May 1998
Procedural Posture
Creditor's Petition in Bankruptcy / Hearing of Creditor's Petition
Outcome
Sequestration order made against the estate of the debtor; costs as taxed to be paid out of the estate; operation of the order suspended up to and including 29 May 1998 with liberty to apply reserved.
Legal Topics
['bankruptcy Notice' 'act of Bankruptcy' 'sequestration Order' 'singular Includes Plural']
['bankruptcy' 'statutory Interpretation'] ['bankruptcy Notice' 'act of Bankruptcy' 'sequestration Order' 'singular Includes Plural']

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Procedural Posture

Creditor's Petition in Bankruptcy / Hearing of Creditor's Petition

Legal Issues

  1. 1 ['Whether a bankruptcy notice issued under s 41 of the Bankruptcy Act 1966 complied with the Act where it referred to two Local Court judgments rather than one judgment.']

Ratio Decidendi

Because s 23(b) of the Acts Interpretation Act 1901 applies and there was nothing in the Bankruptcy Act 1966 context indicating a contrary intention, references to a judgment or order in the bankruptcy notice provisions include the plural. The bankruptcy notice was therefore valid notwithstanding that it referred to two judgments, and a sequestration order was made.

Court Disposition

Sequestration order made against the estate of the debtor; costs as taxed to be paid out of the estate; operation of the order suspended up to and including 29 May 1998 with liberty to apply reserved.

Orders

  • ['Make sequestration order against the estate of the debtor.' 'Order that costs as taxed be paid out of the estate, in accordance with the Bankruptcy Act 1966.' 'Suspend the operation of this order up to and including next Friday, 29 May 1998. Reserve liberty to apply in the meantime.']