Re Mullavey; Ex parte Australia and New Zealand Banking Group [1977] FCA 86

Re Mullavey; Ex parte Australia and New Zealand Banking Group [1977] FCA 86

The address set out in the bankruptcy notice was sufficient because it was a place where the judgment creditor carried on business and someone there could issue a receipt. A bankruptcy notice which simply claims the amount of a judgment, without reference to any claim for statutory interest, is valid; reference to interest is not required unless claimed. The debtor, having failed to comply with a valid bankruptcy notice, committed an act of bankruptcy and a sequestration order is appropriate.

Parties
Petitioner: Australia and New Zealand Banking Group Ltd.; Debtor/respondent: Terence Patrick Mullavey
Jurisdiction
Australia
Judgment Date
08 November 1977
Procedural Posture
Creditor's Petition (bankruptcy) / Final Hearing and Disposition
Outcome
Sequestration order made against the debtor. Petitioner's costs to be in accordance with the statute.
Legal Topics
Bankruptcy Notice—address Specification, Bankruptcy Notice—interest on Judgment Debt, Acts of Bankruptcy, Sequestration Order
Bankruptcy Bankruptcy Notice—address Specification Bankruptcy Notice—interest on Judgment Debt Acts of Bankruptcy Sequestration Order

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Parties

Australia and New Zealand Banking Group Ltd.

Petitioner

Terence Patrick Mullavey

Debtor/respondent

Procedural Posture

Creditor's Petition (bankruptcy) / Final Hearing and Disposition

Legal Issues

  1. 1 Whether a bankruptcy notice is irregular if it specifies a branch office rather than the registered office of the judgment creditor company as the address.
  2. 2 Whether a bankruptcy notice is invalid if it does not specify statutory interest on a judgment debt.

Ratio Decidendi

The address set out in the bankruptcy notice was sufficient because it was a place where the judgment creditor carried on business and someone there could issue a receipt. A bankruptcy notice which simply claims the amount of a judgment, without reference to any claim for statutory interest, is valid; reference to interest is not required unless claimed. The debtor, having failed to comply with a valid bankruptcy notice, committed an act of bankruptcy and a sequestration order is appropriate.

Court Disposition

Sequestration order made against the debtor. Petitioner's costs to be in accordance with the statute.

Orders

  • A sequestration order is made against Terence Patrick Mullavey.
  • Petitioner's costs of and incidental to the petition, including reserved costs, are to be in accordance with the statute.