Re Pearce, D.E. v. Ex parte Patchell, C.D. [1985] FCA 119

Re Pearce, D.E. v. Ex parte Patchell, C.D. [1985] FCA 119

It is insufficient that an address for service of the creditor's solicitors is stated at the foot of the notice; a sufficient address of the creditor within the jurisdiction must be given.

Parties
Debtor: Dennis Edward Pearce; Creditor: Colin Stanley Patchell
Jurisdiction
Australia
Judgment Date
03 April 1985
Procedural Posture
Creditor's Petition for Sequestration Order / Final Judgment
Outcome
petition dismissed
Legal Topics
Address of Creditor in Bankruptcy Notice, Jurisdictional Requirements for Payment
Bankruptcy Address of Creditor in Bankruptcy Notice Jurisdictional Requirements for Payment

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Parties

Dennis Edward Pearce

Debtor

Colin Stanley Patchell

Creditor

Procedural Posture

Creditor's Petition for Sequestration Order / Final Judgment

Legal Issues

  1. 1 Whether the bankruptcy notice gives a sufficient address of the creditor within jurisdiction

Ratio Decidendi

It is insufficient that an address for service of the creditor's solicitors is stated at the foot of the notice; a sufficient address of the creditor within the jurisdiction must be given.

Court Disposition

petition dismissed

Orders

  • The creditor's petition for a sequestration order be dismissed.