Re Forsyth, P.D. v. Ex parte Cobport Pty Ltd [1987] FCA 309

Re Forsyth, P.D. v. Ex parte Cobport Pty Ltd [1987] FCA 309

Neither party is awarded costs as fault lay with both: the debtor failed to notify the ex parte order and the creditor failed to properly notice it when searching the file.

Parties
Debtor: Paul Desmond Forsyth; Creditor: Cobport Pty. Ltd.
Jurisdiction
Australia
Judgment Date
19 June 1987
Procedural Posture
Creditor's Petition for Sequestration Order / Judgment and Orders
Outcome
Petition dismissed with no order as to costs.
Legal Topics
Costs of Creditor's Petition, Ex Parte Order for Extension of Time, Practice as to Service of Ex Parte Orders
Bankruptcy Costs of Creditor's Petition Ex Parte Order for Extension of Time Practice as to Service of Ex Parte Orders

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 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Paul Desmond Forsyth

Debtor

Cobport Pty. Ltd.

Creditor

Procedural Posture

Creditor's Petition for Sequestration Order / Judgment and Orders

Legal Issues

  1. 1 Whether costs should be awarded in relation to the creditor's petition
  2. 2 Practice regarding service of ex parte orders

Ratio Decidendi

Neither party is awarded costs as fault lay with both: the debtor failed to notify the ex parte order and the creditor failed to properly notice it when searching the file.

Court Disposition

Petition dismissed with no order as to costs.

Orders

  • There be no order for costs in relation to the creditor's petition filed 3 April 1987 and supporting documents.