Richardson, Re K.J. & Anor Gleeson, Ex Parte G. & Ors [1986] FCA 602

Richardson, Re K.J. & Anor Gleeson, Ex Parte G. & Ors [1986] FCA 602

The bankruptcy notice naming two debtors complies with the Bankruptcy Act and Rules because, in accordance with s.23 of the Acts Interpretation Act 1901, 'debtor' includes the plural unless a contrary intention appears, which is not present in s.41 of the Bankruptcy Act or Form 4.

Parties
Judgment Debtor: Kenneth John Richardson; Judgment Debtor: Raelene Cheryl Richardson; Judgment Creditor: Gerald Gleeson; Judgment Creditor: Lorna Gleeson; Judgment Creditor: Daryl Gleeson
Jurisdiction
Australia
Judgment Date
30 October 1986
Procedural Posture
Bankruptcy Petition / Preliminary Hearing on Validity of Bankruptcy Notice
Outcome
Submissions of judgment debtors rejected; validity of bankruptcy notice affirmed; matter to proceed to other issues.
Legal Topics
Bankruptcy Notice Validity, Acts Interpretation Act Application, Bankruptcy Act Compliance
Bankruptcy Bankruptcy Notice Validity Acts Interpretation Act Application Bankruptcy Act Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kenneth John Richardson

Judgment Debtor

Raelene Cheryl Richardson

Judgment Debtor

Gerald Gleeson

Judgment Creditor

Lorna Gleeson

Judgment Creditor

Daryl Gleeson

Judgment Creditor

Procedural Posture

Bankruptcy Petition / Preliminary Hearing on Validity of Bankruptcy Notice

Legal Issues

  1. 1 Whether a bankruptcy notice naming two debtors complies with the Bankruptcy Act and Rules
  2. 2 Interpretation of 'debtor' in s 41 and Form 4 of the Bankruptcy Act and Rules

Ratio Decidendi

The bankruptcy notice naming two debtors complies with the Bankruptcy Act and Rules because, in accordance with s.23 of the Acts Interpretation Act 1901, 'debtor' includes the plural unless a contrary intention appears, which is not present in s.41 of the Bankruptcy Act or Form 4.

Court Disposition

Submissions of judgment debtors rejected; validity of bankruptcy notice affirmed; matter to proceed to other issues.