Re; Ken Brown Ex Parte Hunstead, Jane [1984] FCA 351

Re; Ken Brown Ex Parte Hunstead, Jane [1984] FCA 351

Omission of paragraph B and the word 'or' from the prescribed form of bankruptcy notice was a fundamental defect, misleading as to debtor's statutory options, rendering the notice invalid and not curable by s.306.

Parties
Debtor: Ken Brown; Creditor: Penelope Jane Hunstead
Jurisdiction
Australia
Judgment Date
02 November 1984
Procedural Posture
Bankruptcy Petition / Application/hearing of Petition
Outcome
Petition dismissed
Legal Topics
Bankruptcy Notice Defect, Prescribed Form Compliance, Procedural Error
Bankruptcy Bankruptcy Notice Defect Prescribed Form Compliance Procedural Error

Case Brief

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Parties

Ken Brown

Debtor

Penelope Jane Hunstead

Creditor

Procedural Posture

Bankruptcy Petition / Application/hearing of Petition

Legal Issues

  1. 1 Whether omission of paragraph B and the word 'or' in the prescribed bankruptcy notice form invalidates the notice
  2. 2 Whether s.306 of the Bankruptcy Act can cure such a defect

Ratio Decidendi

Omission of paragraph B and the word 'or' from the prescribed form of bankruptcy notice was a fundamental defect, misleading as to debtor's statutory options, rendering the notice invalid and not curable by s.306.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed
  • No order as to costs