Commonwealth Bank of Australia, in the matter of Commonwealth Bank of Australia v Hurst [2001] FCA 191

Commonwealth Bank of Australia, in the matter of Commonwealth Bank of Australia v Hurst [2001] FCA 191

Any defects in the bankruptcy notice are merely formal and do not constitute a nullity; affidavit verifying petition was proximate enough for acceptance; sequestration order made as cause not otherwise shown.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 February 2001
Procedural Posture
Creditor's Petition / Final Determination
Outcome
Sequestration order granted; adjournment and amendment refused; costs ordered against respondent.
Legal Topics
['sequestration Order' 'formal Defects' 'affidavit Verifying Petition']
['bankruptcy'] ['sequestration Order' 'formal Defects' 'affidavit Verifying Petition']

Source-derived case record

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Procedural Posture

Creditor's Petition / Final Determination

Legal Issues

  1. 1 ['Whether a bankruptcy notice departing from Form 1 is a nullity' 'Whether the affidavit verifying the petition is deficient due to its date']

Ratio Decidendi

Any defects in the bankruptcy notice are merely formal and do not constitute a nullity; affidavit verifying petition was proximate enough for acceptance; sequestration order made as cause not otherwise shown.

Court Disposition

Sequestration order granted; adjournment and amendment refused; costs ordered against respondent.

Orders

  • ['Application for adjournment refused' 'Application for leave to amend notice of opposition refused' 'Sequestration order against estate of Phillip Cade Hurst' "Applicant's costs of petition and any reserved costs to be paid by respondent in accordance with statute"]