Re; Butcher, Roy & Anor Ex Parte Hughes Petroleum Pty Ltd [1984] FCA 162

Re; Butcher, Roy & Anor Ex Parte Hughes Petroleum Pty Ltd [1984] FCA 162

The bankruptcy notice was invalid as it improperly included a debt and interest not part of the final judgment, a defect likely to mislead or confuse the debtor and not curable by operation of section 306 or 41(5).

Jurisdiction
Australia
Judgment Date
29 May 1984
Procedural Posture
Creditor's Petition in Bankruptcy / Final Judgment and Orders
Outcome
petition dismissed
Legal Topics
['bankruptcy Notice—formal Defects or Irregularities' 'validity of Bankruptcy Notice' 'debt Under Final Judgment']
['bankruptcy'] ['bankruptcy Notice—formal Defects or Irregularities' 'validity of Bankruptcy Notice' 'debt Under Final Judgment']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Creditor's Petition in Bankruptcy / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether defects in a bankruptcy notice relating to sum specified and inclusion of additional debt render the notice invalid' 'Whether defects are formal only or irregularities that may be cured under section 306 of the Bankruptcy Act 1966' 'Applicability of section 41(5) of the Bankruptcy Act 1966']

Ratio Decidendi

The bankruptcy notice was invalid as it improperly included a debt and interest not part of the final judgment, a defect likely to mislead or confuse the debtor and not curable by operation of section 306 or 41(5).

Court Disposition

petition dismissed

Orders

  • ['Petition as against Clifford McPharlin dismissed by consent of judgment creditor.' 'Petition against Roy Butcher dismissed for invalid bankruptcy notice.' 'No order as to costs.']