Pinkerton, Daniel James v B.G. Textiles Pty Ltd (in liq) [1984] FCA 340

Pinkerton, Daniel James v B.G. Textiles Pty Ltd (in liq) [1984] FCA 340

All objections to validity of service, notice, and petition are dismissed or cured by s.306(1) of Bankruptcy Act 1966, and no substantial injustice is shown. Since the debtor conceded indebtedness exceeding $1,000, the Court refuses to go behind the judgment debt and makes a sequestration order against the debtor's estate.

Jurisdiction
Australia
Judgment Date
27 September 1984
Procedural Posture
Bankruptcy Petition / Hearing of Petition for Sequestration Order
Outcome
Sequestration order made against the estate of Daniel James Pinkerton; application for stay refused.
Legal Topics
['service of Bankruptcy Notice' 'formal Defects and Irregularities' 'going Behind Judgment Debt' 'interest Calculation in Bankruptcy Notice' 'application for Stay of Sequestration Order']
['bankruptcy'] ['service of Bankruptcy Notice' 'formal Defects and Irregularities' 'going Behind Judgment Debt' 'interest Calculation in Bankruptcy Notice' 'application for Stay of Sequestration Order']

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Procedural Posture

Bankruptcy Petition / Hearing of Petition for Sequestration Order

Legal Issues

  1. 1 ['Whether service of bankruptcy notice on Sunday is valid' 'Whether formal defects or irregularities in petition/notice invalidate proceedings' 'Whether bankruptcy notice misstates debt amount or is ambiguous' 'Whether the Court should go behind the default judgment to investigate existence of debt']

Ratio Decidendi

All objections to validity of service, notice, and petition are dismissed or cured by s.306(1) of Bankruptcy Act 1966, and no substantial injustice is shown. Since the debtor conceded indebtedness exceeding $1,000, the Court refuses to go behind the judgment debt and makes a sequestration order against the debtor's estate.

Court Disposition

Sequestration order made against the estate of Daniel James Pinkerton; application for stay refused.

Orders

  • ['Sequestration order made.' 'Costs to be taxed and paid according to the Act.' 'Draft order to be delivered to the Registrar within seven days.' 'Petition amended to substitute 5 March 1984 for 4 March 1984 as the date of act of bankruptcy.' 'Application for stay of sequestration order refused.']