Re Coulton, Mark Ex Parte Hong Kong Bank of Australia Ltd [1995] FCA 1157

Re Coulton, Mark Ex Parte Hong Kong Bank of Australia Ltd [1995] FCA 1157

It was not proven that the bankruptcy notice was served on Mark Coulton; the evidence favored that service was effected upon his brother, not Mark Coulton himself.

Parties
Debtor: Mark Coulton; Petitioning Creditor: Hong Kong Bank of Australia Ltd
Jurisdiction
Australia
Judgment Date
07 December 1995
Procedural Posture
Bankruptcy Petition / Judgment on Petition
Outcome
petition dismissed
Legal Topics
Service of Bankruptcy Notice, Personal Service, Sequestration of Estate
Bankruptcy Service of Bankruptcy Notice Personal Service Sequestration of Estate

Case Brief

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Parties

Mark Coulton

Debtor

Hong Kong Bank of Australia Ltd

Petitioning Creditor

Procedural Posture

Bankruptcy Petition / Judgment on Petition

Legal Issues

  1. 1 Whether the bankruptcy notice was personally served on Mark Coulton

Ratio Decidendi

It was not proven that the bankruptcy notice was served on Mark Coulton; the evidence favored that service was effected upon his brother, not Mark Coulton himself.

Court Disposition

petition dismissed

Orders

  • The petition is dismissed.
  • The petitioning creditor is to pay the debtor's costs of the petition.