Re Nugent, M.T. v. Ex parte Brialkim Pty Ltd & Anor [1985] FCA 115

Re Nugent, M.T. v. Ex parte Brialkim Pty Ltd & Anor [1985] FCA 115

The applicant failed to prove that the address given in the notice was one at which it was not reasonably practicable to make payment or secure or compound. The notice is not invalidated by the absence of prior authority at the address so long as a reasonable opportunity to pay exists.

Parties
Debtor: Mark T. Nugent; Creditor/respondent: Brialkim Pty Ltd; Creditor/respondent: Owen Pty Ltd
Jurisdiction
Australia
Judgment Date
29 March 1985
Procedural Posture
Bankruptcy Application / Application to Set Aside Bankruptcy Notice
Outcome
Application dismissed with costs
Legal Topics
Bankruptcy Notice, Address of Creditor, Authority to Receive Payment
Bankruptcy Bankruptcy Notice Address of Creditor Authority to Receive Payment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Mark T. Nugent

Debtor

Brialkim Pty Ltd

Creditor/respondent

Owen Pty Ltd

Creditor/respondent

Procedural Posture

Bankruptcy Application / Application to Set Aside Bankruptcy Notice

Legal Issues

  1. 1 Whether the bankruptcy notice should be set aside due to inadequacy of the creditor’s address or lack of authority to receive payment at that address

Ratio Decidendi

The applicant failed to prove that the address given in the notice was one at which it was not reasonably practicable to make payment or secure or compound. The notice is not invalidated by the absence of prior authority at the address so long as a reasonable opportunity to pay exists.

Court Disposition

Application dismissed with costs

Orders

  • The application to set aside Bankruptcy Notice No. 395 of 1985 is dismissed with costs.