22 Apr 2021
Because there was no basis for the Registrar to know of the tendered payment, the filing of the bankruptcy notice was proper; costs as claimed in the notice were fixed at $668 which the judgment debtor paid; co-location of solicitors did not demonstrate lack of independence; no costs awarded for steps after issue of the bankruptcy notice.
29 Apr 2010
The debtors failed to establish that the Commissioner owed them any sum under the alleged instruments and failed to prove an effective tender of the full debts; consequently the strike out application failed and the Commissioner was entitled to orders adjudicating the debtors bankrupt.
2 Jun 2006
The Supreme Court granted leave to appeal and approved two questions for determination: (1) whether electronic funds transfer was an available method of settlement on 5 March 2004; and (2) whether payment was tendered by 5pm despite delayed receipt of fax notification.
19 Apr 2005
Tendering a personal cheque in response to a cl 2.2 notice does not remedy a purchaser's default because the vendor is entitled to the certainty of actual receipt of cleared funds or legal tender; the vendor may validly insist on a bank cheque or other cleared funds and directing payment to a solicitor's trust account did not constitute waiver of that requirement.
10 Jun 2004
Tendering a personal cheque in response to a clause 2.2 notice did not remedy the purchaser's default because payment under the contract required legal tender or cleared funds (bank cheque or cleared bank transfer) unless the vendor expressly agreed otherwise or accepted the personal cheque before the notice period expired; the vendors properly rejected the personal cheque and validly cancelled the contracts.