Re McAlpine, K.J. v. Ex parte Amev Finance Ltd [1987] FCA 777

Re McAlpine, K.J. v. Ex parte Amev Finance Ltd [1987] FCA 777

The bankruptcy notice was invalid because the handwritten, uninitialled amendment to the compliance period rendered the notice potentially perplexing to the debtor. However, the omission of a claim for interest in respect of the judgment sum did not invalidate the notice.

Parties
Petitioning Creditor: AMEV Finance Limited; Debtor: Keith John McAlpine
Jurisdiction
Australia
Judgment Date
14 December 1987
Procedural Posture
Creditor's Petition (bankruptcy) / Hearing and Determination of Creditor's Petition
Outcome
Petition dismissed.
Legal Topics
Validity of Bankruptcy Notice, Amendment of Bankruptcy Notice, Interest on Judgment Debt
Bankruptcy Validity of Bankruptcy Notice Amendment of Bankruptcy Notice Interest on Judgment Debt

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Parties

AMEV Finance Limited

Petitioning Creditor

Keith John McAlpine

Debtor

Procedural Posture

Creditor's Petition (bankruptcy) / Hearing and Determination of Creditor's Petition

Legal Issues

  1. 1 Whether failure to claim interest in bankruptcy notice invalidates the notice
  2. 2 Whether a handwritten, uninitialled amendment to bankruptcy notice period renders the notice invalid

Ratio Decidendi

The bankruptcy notice was invalid because the handwritten, uninitialled amendment to the compliance period rendered the notice potentially perplexing to the debtor. However, the omission of a claim for interest in respect of the judgment sum did not invalidate the notice.

Court Disposition

Petition dismissed.

Orders

  • The petition be dismissed.
  • The debtor have half his taxed costs of the opposition to the petition.