Worchild v The Drink NightClub (QLD) Pty Ltd ACN 090 830 854, in the matter of Worchild [2005] FCA 863

Worchild v The Drink NightClub (QLD) Pty Ltd ACN 090 830 854, in the matter of Worchild [2005] FCA 863

There was at most a formal irregularity in the bankruptcy notice, which did not occasion substantial or irremedial injustice, and therefore provided no basis to set aside the notice.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 June 2005
Procedural Posture
Application to Set Aside Bankruptcy Notice / Judgment on Application
Outcome
application dismissed
Legal Topics
['bankruptcy Notice' 'formal and Substantive Irregularities' 'costs Order' 'regulatory Compliance']
['bankruptcy'] ['bankruptcy Notice' 'formal and Substantive Irregularities' 'costs Order' 'regulatory Compliance']

Source-derived case record

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Procedural Posture

Application to Set Aside Bankruptcy Notice / Judgment on Application

Legal Issues

  1. 1 ['Whether the bankruptcy notice was defective or irregular so as to justify it being set aside' 'Whether any irregularity was substantive or formal' 'Whether any identified formal irregularity occasioned substantial and irremedial injustice']

Ratio Decidendi

There was at most a formal irregularity in the bankruptcy notice, which did not occasion substantial or irremedial injustice, and therefore provided no basis to set aside the notice.

Court Disposition

application dismissed

Orders

  • ['The application to set aside the bankruptcy notice be dismissed.' "The applicant pay the respondents' costs of the application." 'The parties have liberty to apply within 14 days concerning the costs of proceedings before the Deputy District Registrar.']