Re Curmi, Brian Ex Parte McLennan, Ross Norman [1995] FCA 981

Re Curmi, Brian Ex Parte McLennan, Ross Norman [1995] FCA 981

The Full Court order constituted a final judgment for a specified sum, which was enforceable for the purposes of issuing a bankruptcy notice under s 40(1)(g) of the Bankruptcy Act 1966; objections to the validity of the bankruptcy notice were without substance and rejected.

Jurisdiction
Australia
Judgment Date
25 October 1995
Procedural Posture
Bankruptcy Petition / Judgment on Objections to Sequestration Order
Outcome
objections rejected
Legal Topics
['bankruptcy Notice' 'final Judgment' 'enforcement of Judgments']
['bankruptcy'] ['bankruptcy Notice' 'final Judgment' 'enforcement of Judgments']

Case Brief

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Procedural Posture

Bankruptcy Petition / Judgment on Objections to Sequestration Order

Legal Issues

  1. 1 ["Whether the bankruptcy notice was based on a 'final judgment or order' within the meaning of s 40(1)(g) of the Bankruptcy Act 1966" 'Whether the Full Court order constituted a final judgment upon which a bankruptcy notice could be issued']

Ratio Decidendi

The Full Court order constituted a final judgment for a specified sum, which was enforceable for the purposes of issuing a bankruptcy notice under s 40(1)(g) of the Bankruptcy Act 1966; objections to the validity of the bankruptcy notice were without substance and rejected.

Court Disposition

objections rejected

Orders

  • ['Objections to the bankruptcy notice are dismissed.']