Hanger, John v Daniel Robertson Australia Pty Ltd (ACN 005 008 622) [1997] FCA 1075

Hanger, John v Daniel Robertson Australia Pty Ltd (ACN 005 008 622) [1997] FCA 1075

On the balance of probabilities, service of the bankruptcy notice on John Hanger was sufficiently proved by the evidence of the process server and supporting contemporaneous records. The debtor's evidence was based solely on a calendar entry in his wife's hand, without independent recollection or corroboration. Accordingly, the court is satisfied that service was effected at the relevant time and place.

Jurisdiction
Australia
Judgment Date
13 October 1997
Procedural Posture
Bankruptcy Proceeding / Interlocutory Decision on Service of Bankruptcy Notice
Outcome
Declaration that the debtor was served with the bankruptcy notice as deposed by the process server.
Legal Topics
['service of Process' 'act of Bankruptcy']
['bankruptcy'] ['service of Process' 'act of Bankruptcy']

Case Brief

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Procedural Posture

Bankruptcy Proceeding / Interlocutory Decision on Service of Bankruptcy Notice

Legal Issues

  1. 1 ['Whether the debtor John Hanger was served with the bankruptcy notice relied upon by the creditor as an act of bankruptcy']

Ratio Decidendi

On the balance of probabilities, service of the bankruptcy notice on John Hanger was sufficiently proved by the evidence of the process server and supporting contemporaneous records. The debtor's evidence was based solely on a calendar entry in his wife's hand, without independent recollection or corroboration. Accordingly, the court is satisfied that service was effected at the relevant time and place.

Court Disposition

Declaration that the debtor was served with the bankruptcy notice as deposed by the process server.

Orders

  • ['Declaration that service was effected on John Hanger at 9 Portobello Place, Wheelers Hill, Victoria, at 6:31 pm on 4 June 1997 as stated in the affidavit of service.']