Re Crisafulli, G.G. v. Ex parte National Commercial Banking Corporation of Australia Ltd [1985] FCA 299

Re Crisafulli, G.G. v. Ex parte National Commercial Banking Corporation of Australia Ltd [1985] FCA 299

Given continuous occupancy by the judgment creditor at the same address, the similarity of the name before and after the change, and publicity surrounding the change, the debtor was not likely to be misled by the bankruptcy notice, and there was no formal defect or irregularity affecting the notice's validity under the Bankruptcy Act or Companies Code.

Parties
Debtor: Gerrard Graeme Crisafulli; Judgment Creditor/petitioner: National Commercial Banking Corporation of Australia Limited
Jurisdiction
Australia
Judgment Date
08 July 1985
Procedural Posture
Bankruptcy Petition / Hearing on Validity of Bankruptcy Notice and Petition
Outcome
Petition adjourned; bankruptcy notice not set aside; judgment creditor entitled to sequestration order subject to leave to amend petition to new name.
Legal Topics
Change of Corporate Name, Bankruptcy Notice Validity, Sequestration Order
Bankruptcy Company Law Change of Corporate Name Bankruptcy Notice Validity Sequestration Order

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Parties

Gerrard Graeme Crisafulli

Debtor

National Commercial Banking Corporation of Australia Limited

Judgment Creditor/petitioner

Procedural Posture

Bankruptcy Petition / Hearing on Validity of Bankruptcy Notice and Petition

Legal Issues

  1. 1 Whether the bankruptcy notice was invalid due to non-reference to the new name of the corporate judgment creditor after its change of name but prior to issue of notice
  2. 2 Whether the debtor could be misled by the discrepancy in names
  3. 3 Effect of Companies (Western Australia) Code sub-s.65(1) on legal proceedings after change of company name

Ratio Decidendi

Given continuous occupancy by the judgment creditor at the same address, the similarity of the name before and after the change, and publicity surrounding the change, the debtor was not likely to be misled by the bankruptcy notice, and there was no formal defect or irregularity affecting the notice's validity under the Bankruptcy Act or Companies Code.

Court Disposition

Petition adjourned; bankruptcy notice not set aside; judgment creditor entitled to sequestration order subject to leave to amend petition to new name.

Orders

  • The petition be adjourned until 22 July 1985 at 10 a.m.