Re Bond, Paul Levinson Ex Parte Coomera Resort Pty Ltd [1996] FCA 485

Re Bond, Paul Levinson Ex Parte Coomera Resort Pty Ltd [1996] FCA 485

Because the bankruptcy notice was not originating process and did not command the judgment debtor's appearance in Australia, and because s 309(2) of the Bankruptcy Act 1966 allowed the Court to specify a manner of service, the Court could, consistently with international comity, permit personal service of the bankruptcy notice on Paul Levinson Bond in the United States of America and deem that service good and sufficient.

Jurisdiction
Australia
Judgment Date
03 June 1996
Procedural Posture
Bankruptcy Application / Application for Leave to Serve a Bankruptcy Notice Outside Australia
Outcome
Application granted; costs reserved.
Legal Topics
['service Outside the Jurisdiction' 'bankruptcy Notice' 'international Comity' 'sequestration Jurisdiction']
['bankruptcy Law' 'civil Procedure'] ['service Outside the Jurisdiction' 'bankruptcy Notice' 'international Comity' 'sequestration Jurisdiction']

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Procedural Posture

Bankruptcy Application / Application for Leave to Serve a Bankruptcy Notice Outside Australia

Legal Issues

  1. 1 ['Whether leave should be given to serve a bankruptcy notice on the judgment debtor in the United States of America by personal delivery.' 'Whether service in that manner should be deemed good and sufficient service of the bankruptcy notice.' 'Whether international comity prevented the Court from permitting service of the bankruptcy notice in the United States of America.']

Ratio Decidendi

Because the bankruptcy notice was not originating process and did not command the judgment debtor's appearance in Australia, and because s 309(2) of the Bankruptcy Act 1966 allowed the Court to specify a manner of service, the Court could, consistently with international comity, permit personal service of the bankruptcy notice on Paul Levinson Bond in the United States of America and deem that service good and sufficient.

Court Disposition

Application granted; costs reserved.

Orders

  • ['Leave be given to Coomera Resort Pty Ltd ACN 050 911 156 to effect service of a bankruptcy notice on the judgment debtor, Paul Levinson Bond, in the United States of America by delivering to him, personally, the bankruptcy notice issued herein, signed and stamped by a Deputy Registrar in Bankruptcy, as well as a...