Ross Mining NL v Donnelly [1999] FCA 1181

Ross Mining NL v Donnelly [1999] FCA 1181

Based on the evidence, the Court finds on the balance of probabilities that Mr Ireland did hand to Mr Donnelly the document a copy of which is annexure A to Mr Ireland's affidavit; however, does not make a finding that the document was a bankruptcy notice at this stage, and stands the proceedings over for directions.

Jurisdiction
Australia
Judgment Date
20 August 1999
Procedural Posture
Creditor's Petition Under Bankruptcy Act 1966 (cth) / Interlocutory Determination on Service of Bankruptcy Notice; Petition Stood Over for Directions
Outcome
Petition stood over for directions; no final determination
Legal Topics
['service of Bankruptcy Notice' 'acts of Bankruptcy' 'abuse of Process']
['bankruptcy'] ['service of Bankruptcy Notice' 'acts of Bankruptcy' 'abuse of Process']

Case Brief

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Procedural Posture

Creditor's Petition Under Bankruptcy Act 1966 (cth) / Interlocutory Determination on Service of Bankruptcy Notice; Petition Stood Over for Directions

Legal Issues

  1. 1 ['Was a bankruptcy notice served on Andrew John Donnelly on 26 May 1999?' 'Whether the petition constitutes an abuse of process' 'Whether the document served was in fact a bankruptcy notice']

Ratio Decidendi

Based on the evidence, the Court finds on the balance of probabilities that Mr Ireland did hand to Mr Donnelly the document a copy of which is annexure A to Mr Ireland's affidavit; however, does not make a finding that the document was a bankruptcy notice at this stage, and stands the proceedings over for directions.

Court Disposition

Petition stood over for directions; no final determination

Orders

  • ["Declaration that the document annexed to Mr Ireland's affidavit was delivered to Andrew John Donnelly on 26 May 1999" 'Leave for Applicant to access documents produced by subpoena revoked' 'Documents to be returned to the producing party' 'Costs of petition reserved' 'Petition stood over for directions before...