17 Sept 2008
DOUGLAS GORDON JARVIS & FREDERIKA HEDI JARVIS V CORRINA LILI MULLANE HC AK CIV 2008-488-144
- Citation
- openlaw-decd4a8c_325f_416b_8be8_66d40a17fef8.pdf
- Court
- High Court
A registered charging order makes the plaintiffs secured creditors but does not prevent them from issuing a bankruptcy notice; the notice served, although not in the exact prescribed form, was not a nullity and caused no prejudice, so under s 418 the Court amended the compliance period to ten working days and directed the proceedings to continue as if the correct form had been served; the application to set aside the bankruptcy notice was dismissed and costs awarded to the plaintiffs.