Re Stephenson, M.C. (also known as Watson, M.C.) v. Ex parte Cintee Nominees Pty Ltd [1988] FCA 250

Re Stephenson, M.C. (also known as Watson, M.C.) v. Ex parte Cintee Nominees Pty Ltd [1988] FCA 250

A bankruptcy notice founded on amounts due under more than one final order is defective. Accordingly, as the bankruptcy notice in this case was based on two separate orders, it is invalid and the petition is dismissed with costs.

Parties
Judgement Debtor: Margaret Caroline Stephenson (also known as Margaret Caroline Watson); Judgement Creditor: CINTEE NOMINEES PTY. LTD.
Jurisdiction
Australia
Judgment Date
10 May 1988
Procedural Posture
Creditor's Bankruptcy Petition / Judgment on Petition
Outcome
Petition dismissed with costs.
Legal Topics
Bankruptcy Notice Validity, Final Judgment or Order Requirement
Bankruptcy Bankruptcy Notice Validity Final Judgment or Order Requirement

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Parties

Margaret Caroline Stephenson (also known as Margaret Caroline Watson)

Judgement Debtor

CINTEE NOMINEES PTY. LTD.

Judgement Creditor

Procedural Posture

Creditor's Bankruptcy Petition / Judgment on Petition

Legal Issues

  1. 1 Whether a bankruptcy notice may be validly founded on more than one final order or judgment

Ratio Decidendi

A bankruptcy notice founded on amounts due under more than one final order is defective. Accordingly, as the bankruptcy notice in this case was based on two separate orders, it is invalid and the petition is dismissed with costs.

Court Disposition

Petition dismissed with costs.

Orders

  • The petition be dismissed.
  • The debtor's costs of the petition including costs reserved be taxed and paid by the petitioner.