Re Grujin, Michelle Ex Parte Tesselaar Nominees Pty Ltd [1997] FCA 461

Re Grujin, Michelle Ex Parte Tesselaar Nominees Pty Ltd [1997] FCA 461

From 16 December 1996 until the Bankruptcy Regulations were amended in April 1997, it was valid for a bankruptcy notice to include a claim for the costs of the notice if the prescribed form so provided; thus, the bankruptcy notice served on the debtor in this case is valid.

Jurisdiction
Australia
Judgment Date
28 May 1997
Procedural Posture
Bankruptcy / Application for Sequestration Order
Outcome
Bankruptcy notice valid; no other issue inhibiting making of sequestration order; court to consider form of order
Legal Topics
['bankruptcy Notice Form' 'costs of Notice' 'sequestration Order']
['bankruptcy'] ['bankruptcy Notice Form' 'costs of Notice' 'sequestration Order']

Case Brief

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Procedural Posture

Bankruptcy / Application for Sequestration Order

Legal Issues

  1. 1 ['Whether a bankruptcy notice could validly include a claim for the costs of the notice under the Bankruptcy Regulations as amended']

Ratio Decidendi

From 16 December 1996 until the Bankruptcy Regulations were amended in April 1997, it was valid for a bankruptcy notice to include a claim for the costs of the notice if the prescribed form so provided; thus, the bankruptcy notice served on the debtor in this case is valid.

Court Disposition

Bankruptcy notice valid; no other issue inhibiting making of sequestration order; court to consider form of order

Orders

  • []