10 May 2010
THE FLETCHER CONSTRUCTION CO LTD V N A MCKENNA HC AK CIV-2009-404-008466
- Citation
- openlaw-347880e2_7474_4be3_9e85_03a5e6557b76.pdf
- Court
- High Court
The originating document was a nullity because it lacked any prayer for relief and therefore could not be cured by s 418; furthermore, s 22 requires actual notification by the debtor to the creditor of suspension or intended suspension of payments and a pre‑signed notice held by the creditor does not satisfy that requirement, so the creditor failed to prove an act of bankruptcy; accordingly the creditor was permitted to withdraw and the debtor awarded costs.