Nugent, M.T. v. Brialkim Pty Ltd & Anor [1985] FCA 416

Nugent, M.T. v. Brialkim Pty Ltd & Anor [1985] FCA 416

The address given in the bankruptcy notice was sufficient as the appellant failed to establish that it was not reasonably practicable to make payment or to secure or compound at that address; it satisfied the requirement that the address be one where payment could be made or arrangements could be entered into during the relevant period.

Parties
Appellant: Mark T. Nugent; Respondent: Brialkim Pty. Ltd.; Respondent: Owen Pty. Ltd.
Jurisdiction
Australia
Judgment Date
17 July 1985
Procedural Posture
Appeal / Judgment on Appeal From a Single Judge of the Federal Court
Outcome
Appeal dismissed.
Legal Topics
Requirements of Bankruptcy Notice, Statement of Address of Creditor, Authority to Receive Payment, Adequacy of Address in Bankruptcy Notice
Bankruptcy Requirements of Bankruptcy Notice Statement of Address of Creditor Authority to Receive Payment Adequacy of Address in Bankruptcy Notice

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Parties

Mark T. Nugent

Appellant

Brialkim Pty. Ltd.

Respondent

Owen Pty. Ltd.

Respondent

Procedural Posture

Appeal / Judgment on Appeal From a Single Judge of the Federal Court

Legal Issues

  1. 1 Whether a bankruptcy notice is invalidated by inadequacy in the address provided for the judgment creditor
  2. 2 What constitutes a sufficient address for the purposes of bankruptcy notices under the Bankruptcy Rules

Ratio Decidendi

The address given in the bankruptcy notice was sufficient as the appellant failed to establish that it was not reasonably practicable to make payment or to secure or compound at that address; it satisfied the requirement that the address be one where payment could be made or arrangements could be entered into during the relevant period.

Court Disposition

Appeal dismissed.

Orders

  • The appeal be dismissed.
  • The appellant pay the respondent's costs of the appeal.