Drake v Stanton [1999] FCA 1635

Drake v Stanton [1999] FCA 1635

The bankruptcy notice was validly served because the weight of the sworn evidence showed that 396 Grey Street, Glen Innes was the respondent's last-known address for the purposes of Bankruptcy Regulations reg 16.01(1)(c), and the Court accepted the process server's evidence that the envelope marked with the respondent's name was left at those premises.

Jurisdiction
Australia
Judgment Date
05 November 1999
Procedural Posture
Bankruptcy Application for Sequestration Order / Hearing and Judgment on Creditor's Petition
Outcome
Sequestration order made against the estate of Joseph Anthony Stanton; applicant awarded costs.
Legal Topics
['service of Bankruptcy Notice' 'last Known Address' 'sequestration Order' 'costs']
['bankruptcy' 'civil Procedure'] ['service of Bankruptcy Notice' 'last Known Address' 'sequestration Order' 'costs']

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Procedural Posture

Bankruptcy Application for Sequestration Order / Hearing and Judgment on Creditor's Petition

Legal Issues

  1. 1 ['Whether the bankruptcy notice was served on 4 December 1998 in accordance with Bankruptcy Regulations reg 16.01(1)(c).' 'Whether 396 Grey Street, Glen Innes was the last-known address of Joseph Anthony Stanton for the purposes of service.']

Ratio Decidendi

The bankruptcy notice was validly served because the weight of the sworn evidence showed that 396 Grey Street, Glen Innes was the respondent's last-known address for the purposes of Bankruptcy Regulations reg 16.01(1)(c), and the Court accepted the process server's evidence that the envelope marked with the respondent's name was left at those premises.

Court Disposition

Sequestration order made against the estate of Joseph Anthony Stanton; applicant awarded costs.

Orders

  • ['The necessity to file evidence of search in accordance with O 77 r 19(3) of the Federal Court Rules be dispensed with.' 'A sequestration order is made in the estate of Joseph Anthony Stanton.' 'Max Christopher Donnelly is appointed as Official Trustee of the estate.' 'A copy of the sequestration order is to be...