Re Manson, R. & Anor v. Ex parte Holden, A. [1987] FCA 84

Re Manson, R. & Anor v. Ex parte Holden, A. [1987] FCA 84

The sum paid into Court is not to be treated as payment to the judgment creditor until actually paid out by the Registrar, thus interest accrues on the unpaid balance until receipt; no substance in the asserted irregularity in the notice wording.

Parties
Applicant/judgment Debtor: Roy Allan Manson; Judgment Debtor: Keith Michael Slater; Respondent/judgment Creditor: Alexander William George Holden
Jurisdiction
Australia
Judgment Date
25 February 1987
Procedural Posture
Bankruptcy Application / Hearing of Application to Set Aside Bankruptcy Notice
Outcome
Application dismissed, extension of time granted, costs ordered against applicant.
Legal Topics
Bankruptcy Notice—validity, Calculation of Interest on Judgment Debt, Court Procedure—payment Into Court
Bankruptcy Bankruptcy Notice—validity Calculation of Interest on Judgment Debt Court Procedure—payment Into Court

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Parties

Roy Allan Manson

Applicant/judgment Debtor

Keith Michael Slater

Judgment Debtor

Alexander William George Holden

Respondent/judgment Creditor

Procedural Posture

Bankruptcy Application / Hearing of Application to Set Aside Bankruptcy Notice

Legal Issues

  1. 1 Whether the amount specified in the bankruptcy notice was overstated by claiming interest on the full amount of the judgment debt between the date of entry and the date of receipt of moneys paid into Court
  2. 2 Whether there was an irregularity in the form of the bankruptcy notice

Ratio Decidendi

The sum paid into Court is not to be treated as payment to the judgment creditor until actually paid out by the Registrar, thus interest accrues on the unpaid balance until receipt; no substance in the asserted irregularity in the notice wording.

Court Disposition

Application dismissed, extension of time granted, costs ordered against applicant.

Orders

  • Application to set aside bankruptcy notice dismissed.
  • Time for compliance with the bankruptcy notice extended up to and including 4 March 1987.