Re Francis, C. v. Ex parte Premier Plasterboard Suppliers Pty Ltd [1987] FCA 681

Re Francis, C. v. Ex parte Premier Plasterboard Suppliers Pty Ltd [1987] FCA 681

Following the majority in Crowl v. Kleinwort Benson Australia Limited, the bankruptcy notice served, which understated the interest due, is invalid and cannot be cured under s. 306 of the Bankruptcy Act 1966. The petition must therefore be dismissed.

Parties
Debtor: Col Francis; Petitioning Creditor: Premier Plasterboard Suppliers Pty Limited
Jurisdiction
Australia
Judgment Date
24 November 1987
Procedural Posture
Bankruptcy Petition / Final Judgment
Outcome
petition dismissed with costs
Legal Topics
Bankruptcy Notice Defects, Judgment Debt, Miscalculation of Interest, De Minimis Rule
Bankruptcy Bankruptcy Notice Defects Judgment Debt Miscalculation of Interest De Minimis Rule

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Parties

Col Francis

Debtor

Premier Plasterboard Suppliers Pty Limited

Petitioning Creditor

Procedural Posture

Bankruptcy Petition / Final Judgment

Legal Issues

  1. 1 Whether understatement of interest due on judgment debt in bankruptcy notice invalidates the notice
  2. 2 Applicability of de minimis rule to defects of this kind

Ratio Decidendi

Following the majority in Crowl v. Kleinwort Benson Australia Limited, the bankruptcy notice served, which understated the interest due, is invalid and cannot be cured under s. 306 of the Bankruptcy Act 1966. The petition must therefore be dismissed.

Court Disposition

petition dismissed with costs

Orders

  • The petition is dismissed with costs.