Biztole Developments Pty Ltd v McLean, H.M. [1995] FCA 287

The Court preferred Mr Pinkerton's evidence because he was positive as to the facts, his conduct was consistent with his system for recording service, and there was no reasonable basis to find that he was mistaken; Mr McLean may have been mistaken. The Court was satisfied that personal service was effected on 20 December 1993.

Jurisdiction: Australia
Judgment Date: 17 March 1995
Procedural Posture: Bankruptcy Proceeding / Preliminary Question as to Service of Bankruptcy Notice
Outcome: Preliminary question determined in favour of the petitioning creditor; personal service was effected on 20 December 1993.
Legal Topics: ['personal Service of Bankruptcy Notice' 'standard of Proof' 'witness Credibility' 'costs Reserved']

['bankruptcy' 'evidence' 'civil Procedure'] ['personal Service of Bankruptcy Notice' 'standard of Proof' 'witness Credibility' 'costs Reserved']

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Procedural Posture

Bankruptcy Proceeding / Preliminary Question as to Service of Bankruptcy Notice

Legal Issues

1 ['Whether the bankruptcy notice was personally served on Mr McLean on 20 December 1993.' 'What standard of proof should be applied to resolving conflicting evidence about service.']

Ratio Decidendi

Court Disposition

Preliminary question determined in favour of the petitioning creditor; personal service was effected on 20 December 1993.

Orders

["No order as to costs at this stage; the question of today's costs may be raised when the matter is finally resolved."]