Adams v Lambert [2004] FCA 928
In each case, the bankruptcy notice was invalid due to the erroneous statement of the provision under which interest was claimed; this error was a failure to meet a requirement made essential by the Bankruptcy Act 1966 (Cth), as supported by the authorities.
- Jurisdiction
- Australia
- Judgment Date
- 01 July 2004
- Procedural Posture
- Bankruptcy Petition / Final Determination
- Outcome
- Petitions dismissed
- Legal Topics
- ['bankruptcy Notice Validity' 'statutory Source of Interest' 'post Judgment Interest']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Bankruptcy Petition / Final Determination
Legal Issues
- 1 ['Whether error in statutory source of entitlement to interest in bankruptcy notice renders the notice invalid' 'Whether the requirement to correctly state the source of interest is essential under the Bankruptcy Act 1966 (Cth)']
Ratio Decidendi
In each case, the bankruptcy notice was invalid due to the erroneous statement of the provision under which interest was claimed; this error was a failure to meet a requirement made essential by the Bankruptcy Act 1966 (Cth), as supported by the authorities.
Court Disposition
Petitions dismissed
Orders
- ['The petition be dismissed.' "The applicant petitioner is to pay the respondent debtor's costs (including any reserved costs)."]
Full Case Text
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