McLean v Biztole Corporation Pty Ltd [1995] FCA 682

McLean v Biztole Corporation Pty Ltd [1995] FCA 682

The Court, having observed the witnesses and considered their evidence and the consistency of the process serving protocol, preferred Mr Pinkerton's evidence and was satisfied that personal service was effected on 20 December 1993.

Jurisdiction
Australia
Judgment Date
31 May 1995
Procedural Posture
Bankruptcy Proceeding / Preliminary Question on Service of Bankruptcy Notice
Outcome
Preliminary finding: personal service of the bankruptcy notice was effected.
Legal Topics
['service of Process' 'standard of Proof']
['bankruptcy'] ['service of Process' 'standard of Proof']

Case Brief

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Procedural Posture

Bankruptcy Proceeding / Preliminary Question on Service of Bankruptcy Notice

Legal Issues

  1. 1 ['Whether personal service of the bankruptcy notice on the debtor was effected']

Ratio Decidendi

The Court, having observed the witnesses and considered their evidence and the consistency of the process serving protocol, preferred Mr Pinkerton's evidence and was satisfied that personal service was effected on 20 December 1993.

Court Disposition

Preliminary finding: personal service of the bankruptcy notice was effected.

Orders

  • ['No order as to costs at this stage; question of costs can be raised when matter is finally resolved.']