10 May 2010
THE FLETCHER CONSTRUCTION CO LTD V N A MCKENNA HC AK CIV-2009-404-008466
- Citation
- openlaw-ac77cd57_adc7_4e07_b921_9cde6a2fda01.pdf
- Court
- High Court
The creditor's filed document was a nullity because it did not seek relief and therefore was not a valid originating application capable of cure under s 418; separately, the creditor failed to prove an act of bankruptcy under s 22 because there was no evidence of actual notification by the debtor on the alleged date and a pre-signed notice held by the creditor cannot constitute the required communication; accordingly the court would not have adjudicated the debtor bankrupt on the materials before it.