Re Dawson, P. v. Ex parte Dawson, P. & Anor [1985] FCA 116

Re Dawson, P. v. Ex parte Dawson, P. & Anor [1985] FCA 116

The issue of a bankruptcy notice after a deed of assignment under Part X has become binding constitutes commencement of legal proceedings under s.228(2)(c) of the Bankruptcy Act 1966 and is consequently not competent unless and until the deed is declared void.

Parties
Applicant: Peter Dawson; Respondents: Arthur Andersen and Co. (a firm)
Jurisdiction
Australia
Judgment Date
29 March 1985
Procedural Posture
Bankruptcy Application / Setting Aside of Bankruptcy Notice
Outcome
Application granted. Bankruptcy Notice set aside.
Legal Topics
Deed of Assignment Under Part X, Bankruptcy Notice, Voidness of Deed
Bankruptcy Deed of Assignment Under Part X Bankruptcy Notice Voidness of Deed

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Parties

Peter Dawson

Applicant

Arthur Andersen and Co. (a firm)

Respondents

Procedural Posture

Bankruptcy Application / Setting Aside of Bankruptcy Notice

Legal Issues

  1. 1 Whether issuing a bankruptcy notice is competent before a declaration that the deed of assignment is void under Part X
  2. 2 Whether issue of bankruptcy notice constitutes commencement of legal proceedings under s.228(2)(c) of the Bankruptcy Act 1966
  3. 3 Whether a deed is treated as binding until declared void

Ratio Decidendi

The issue of a bankruptcy notice after a deed of assignment under Part X has become binding constitutes commencement of legal proceedings under s.228(2)(c) of the Bankruptcy Act 1966 and is consequently not competent unless and until the deed is declared void.

Court Disposition

Application granted. Bankruptcy Notice set aside.

Orders

  • Bankruptcy Notice No. 2 of 1985 is set aside.
  • Respondents pay the costs of and incidental to this application, to be taxed.