Kyriakopoulou v Crock [2000] FCA 1762

Kyriakopoulou v Crock [2000] FCA 1762

An authenticated copy of a judgment or order, even if not precisely in the terms actually ordered, is sufficient for the purposes of issuing and serving a bankruptcy notice. Procedural irregularities concerning the form of the order or failure to amend do not render subsequent steps, including taxation of costs and the bankruptcy notice, a nullity.

Jurisdiction
Australia
Judgment Date
07 December 2000
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['sequestration Order' 'bankruptcy Notice Validity' 'taxation of Costs' 'authentication of Orders']
['bankruptcy' 'civil Procedure'] ['sequestration Order' 'bankruptcy Notice Validity' 'taxation of Costs' 'authentication of Orders']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether a non-authenticated or later-authenticated order could support a bankruptcy notice and taxation of costs leading to a sequestration order' 'Whether failure to amend the authenticated order or procedural irregularities rendered the taxation of costs or bankruptcy notice invalid']

Ratio Decidendi

An authenticated copy of a judgment or order, even if not precisely in the terms actually ordered, is sufficient for the purposes of issuing and serving a bankruptcy notice. Procedural irregularities concerning the form of the order or failure to amend do not render subsequent steps, including taxation of costs and the bankruptcy notice, a nullity.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The respondents' costs of the appeal be taxed and paid out of the estate of the bankrupt as part of their costs as petitioning creditors."]