Re Hopper, Mavis Isobel & Anor Ex parte Esanda Ltd [1980] FCA 104

Re Hopper, Mavis Isobel & Anor Ex parte Esanda Ltd [1980] FCA 104

Service of a bankruptcy notice on a Sunday is not prohibited by the Bankruptcy Act 1966 or the Bankruptcy Rules, and does not constitute a defect disentitling the petitioning creditor to a sequestration order. If there were doubt, the Court could give a direction under Rule 113 to validate service.

Parties
Debtor: Mavis Isobel Hopper; Debtor: Douglas Hugh Hopper; Petitioning Creditor: Esanda Limited
Jurisdiction
Australia
Judgment Date
06 June 1980
Procedural Posture
Bankruptcy Sequestration Petition / Judgment on Petition
Outcome
sequestration order made against the estates of the debtors, order suspended until 20 June 1980
Legal Topics
Service of Bankruptcy Notice, Validity of Sunday Service
Bankruptcy Service of Bankruptcy Notice Validity of Sunday Service

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 1
Sign in to unlock

Parties

Mavis Isobel Hopper

Debtor

Douglas Hugh Hopper

Debtor

Esanda Limited

Petitioning Creditor

Procedural Posture

Bankruptcy Sequestration Petition / Judgment on Petition

Legal Issues

  1. 1 Is service of a bankruptcy notice on a Sunday valid under Australian and New South Wales law?
  2. 2 Does the Bankruptcy Act 1966 or Bankruptcy Rules prohibit service on a Sunday?
  3. 3 Does the Imperial Acts Application Act 1969 (NSW) apply to bankruptcy notices?

Ratio Decidendi

Service of a bankruptcy notice on a Sunday is not prohibited by the Bankruptcy Act 1966 or the Bankruptcy Rules, and does not constitute a defect disentitling the petitioning creditor to a sequestration order. If there were doubt, the Court could give a direction under Rule 113 to validate service.

Court Disposition

sequestration order made against the estates of the debtors, order suspended until 20 June 1980

Orders

  • Sequestration order against the estate of Mavis Isobel Hopper and Douglas Hugh Hopper
  • Costs, except for costs of 21 May 1980, to be taxed and paid according to the Bankruptcy Act 1966