Application to set aside Bankruptcy notice Lock, Anthony [1983] FCA 37

Application to set aside Bankruptcy notice Lock, Anthony [1983] FCA 37

The defects identified were of form, not substance, and in the circumstances were insufficient to mislead the debtor or cause substantial injustice, so the bankruptcy notice was valid.

Parties
Debtor (applicant): Anthony Lock; Judgment Creditor: Peter Michael Mortimer
Jurisdiction
Australia
Judgment Date
18 March 1983
Procedural Posture
Application to Set Aside Bankruptcy Notice / Judgment on Application
Outcome
Application to set aside bankruptcy notice dismissed
Legal Topics
Bankruptcy Notice, Formal Defects, Interest Claimed Under Judgment
Bankruptcy Bankruptcy Notice Formal Defects Interest Claimed Under Judgment

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Parties

Anthony Lock

Debtor (applicant)

Peter Michael Mortimer

Judgment Creditor

Procedural Posture

Application to Set Aside Bankruptcy Notice / Judgment on Application

Legal Issues

  1. 1 Whether failure to delete the word 'balance' from the bankruptcy notice invalidates the notice
  2. 2 Whether the understating of interest in the bankruptcy notice invalidates the notice

Ratio Decidendi

The defects identified were of form, not substance, and in the circumstances were insufficient to mislead the debtor or cause substantial injustice, so the bankruptcy notice was valid.

Court Disposition

Application to set aside bankruptcy notice dismissed