KGB Design & Construction Pty Ltd v Leonardis [1998] FCA 1809

KGB Design & Construction Pty Ltd v Leonardis [1998] FCA 1809

The bankruptcy notice's compliance with regulation was a formal defect which did not mislead or cause injustice to the debtor, and in the exercise of jurisdiction under section 306(1) of the Bankruptcy Act, the defect was validated. With proof of the act of bankruptcy and other statutory requirements, the sequestration order was granted.

Parties
Applicant: KGB Design & Construction Pty Ltd; Respondent: Mary Leonardis
Jurisdiction
Australia
Judgment Date
06 October 1998
Procedural Posture
Bankruptcy Petition / Judgment
Outcome
Sequestration order granted against the estate of the debtor.
Legal Topics
Sequestration Order, Bankruptcy Notice Compliance, Formal Defect or Irregularity
Bankruptcy Sequestration Order Bankruptcy Notice Compliance Formal Defect or Irregularity

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Parties

KGB Design & Construction Pty Ltd

Applicant

Mary Leonardis

Respondent

Procedural Posture

Bankruptcy Petition / Judgment

Legal Issues

  1. 1 Whether the bankruptcy notice complied with Bankruptcy Regulations requiring a sealed copy of the judgment
  2. 2 Whether any defect or irregularity in the attached document invalidates the proceedings

Ratio Decidendi

The bankruptcy notice's compliance with regulation was a formal defect which did not mislead or cause injustice to the debtor, and in the exercise of jurisdiction under section 306(1) of the Bankruptcy Act, the defect was validated. With proof of the act of bankruptcy and other statutory requirements, the sequestration order was granted.

Court Disposition

Sequestration order granted against the estate of the debtor.

Orders

  • Sequestration order against the estate of Mary Leonardis.
  • Costs, including reserved costs, to be taxed and paid according to the Act.