Re Cavallaro, Antonietta & Anor Ex Parte Composite Buyers Ltd [1996] FCA 344

Re Cavallaro, Antonietta & Anor Ex Parte Composite Buyers Ltd [1996] FCA 344

Although the bankruptcy notice had a formal defect by omitting the words 'and no more' from para (b), s.306(1) of the Bankruptcy Act 1966 applies as no substantial injustice was shown; therefore, the notice is valid and a sequestration order should be made.

Jurisdiction
Australia
Judgment Date
30 April 1996
Procedural Posture
Creditor's Petition / Judgment on Petition
Outcome
Sequestration order made; creditor's costs ordered to be taxed and paid.
Legal Topics
['bankruptcy Notice Formalities' 'curing Defects Under S.306(1)' 'sequestration Order']
['bankruptcy'] ['bankruptcy Notice Formalities' 'curing Defects Under S.306(1)' 'sequestration Order']

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Procedural Posture

Creditor's Petition / Judgment on Petition

Legal Issues

  1. 1 ["Whether omission of the words 'and no more' from paragraph (b) of the bankruptcy notice is a formal defect" 'Whether the defect is cured by section 306(1) of the Bankruptcy Act 1966']

Ratio Decidendi

Although the bankruptcy notice had a formal defect by omitting the words 'and no more' from para (b), s.306(1) of the Bankruptcy Act 1966 applies as no substantial injustice was shown; therefore, the notice is valid and a sequestration order should be made.

Court Disposition

Sequestration order made; creditor's costs ordered to be taxed and paid.

Orders

  • ['A sequestration order be made against the estate of the debtors.' "The petitioning creditor's costs, including reserved costs, should be taxed and paid in accordance with the Bankruptcy Act 1966."]