BISSET & BISSET

In the matter of Bisset & Bisset, Newbrun J of the Supreme Court of New South Wales considered a dispute between the applicant, Bisset, and the respondent, also Bisset. The applicant sought to have the respondent declared bankrupt.

The primary legal issue before the court was whether the respondent had committed an act of bankruptcy by failing to comply with a bankruptcy notice. This required the court to determine if the bankruptcy notice was validly served and if the respondent had, in fact, failed to comply with its terms within the prescribed period.

Newbrun J reasoned that for a bankruptcy notice to be valid, it must be properly served in accordance with the Bankruptcy Act 1966 (Cth). The court found that the evidence presented did not establish that the bankruptcy notice had been served on the respondent in a manner that satisfied the requirements of the Act. Consequently, the respondent could not be found to have failed to comply with a notice that had not been validly served.

As a result, the application for the respondent's bankruptcy was dismissed.