Re; Robert Trimbole Ex Parte Deputy Commissioner of Taxation [1984] FCA 406

Re; Robert Trimbole Ex Parte Deputy Commissioner of Taxation [1984] FCA 406

Although the Court could give leave for a bankruptcy petition to be served out of Australia, the proper method in the circumstances was not to send an official sealed copy of the petition directly to the debtor in Ireland, but to provide notice of the presentation of the petition and relevant documents to the officer in charge of Mountjoy Prison with a request that they be delivered to the debtor.

Jurisdiction
Australia
Judgment Date
31 October 1984
Procedural Posture
Bankruptcy Creditor's Petition / Application for Substituted Service and Leave to Serve Bankruptcy Petition Outside Australia
Outcome
Orders made for substituted service and service outside Australia; previous orders for substituted service were vacated.
Legal Topics
['service of Bankruptcy Petition Outside Australia' 'substituted Service' 'international Comity']
['bankruptcy'] ['service of Bankruptcy Petition Outside Australia' 'substituted Service' 'international Comity']

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Procedural Posture

Bankruptcy Creditor's Petition / Application for Substituted Service and Leave to Serve Bankruptcy Petition Outside Australia

Legal Issues

  1. 1 ['Whether the Court could give leave for a bankruptcy petition to be served outside Australia.' 'Whether an official copy of a bankruptcy petition should be sent to a debtor in Ireland, or whether notice of the presentation of the petition should instead be delivered through the officer in charge of the prison.']

Ratio Decidendi

Although the Court could give leave for a bankruptcy petition to be served out of Australia, the proper method in the circumstances was not to send an official sealed copy of the petition directly to the debtor in Ireland, but to provide notice of the presentation of the petition and relevant documents to the officer in charge of Mountjoy Prison with a request that they be delivered to the debtor.

Court Disposition

Orders made for substituted service and service outside Australia; previous orders for substituted service were vacated.

Orders

  • ["Personal service of Creditor's Petition No. 1277 of 1984 be dispensed with." "An official copy of the Creditor's Petition, specified affidavits, the consent signed by Max Christopher Donnelly to act as trustee pursuant to s.156a dated 15 August 1984, and a sealed copy of the orders be served on or before 19...