Bonds Industries Ltd v Sing

[1999] FCA 1055

Bonds Industries Ltd v. Sing [1999] FCA 1055
Bankruptcy

Bonds Industries Ltd v Sing [1999] FCA 1055

BANKRUPTCY - creditor's petition - whether sequestration order should not be made because bankruptcy notice on which creditor's petition is founded is defective - address of Federal Court registry shown on bankruptcy notice incorrect as at date of service - whether defect in address a formal defect or an irregularity - purpose of showing address of Federal Court on bankruptcy notice compared with purpose of showing address where payments may be made - whether defect could have reasonably misled debtor as to what was necessary to comply with bankruptcy notice

Bankruptcy Act 1966 (Cth), s41(1), s41(2), s306

Bankruptcy Regulations, reg 4.02(1)

Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71, cited

Nugent v Brialkim Pty Ltd (1985) 61 ALR 725, cited

Re Celestini; ex parte Monte Paschi Australia Ltd (1996) 71 FCR 399, distinguished

BONDS INDUSTRIES LTD v ROBERT SING

N7554 OF 1999

EMMETT J

23 JULY 1999

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 7554 OF 1999

IN THE MATTER OF ROBERT SING
BETWEEN:	BONDS INDUSTRIES LTD Applicant
AND:	ROBERT SING Respondent
#DATE 23:07:1999 JUDGE:	EMMETT J
DATE OF ORDER:	23 JULY 1999
WHERE MADE:	SYDNEY

THE COURT DECLARES THAT:

1.       The proceedings on the petition are not invalidated by reason only of the fact that paragraph 10 of the Bankruptcy Notice on which the petition is based states that the Federal Court registry is located at "Federal Court of Victoria, 450 Little Burke [sic] St, Melbourne, Vic 3000, Telephone: [phone]".

THE COURT ORDERS THAT:

2.       The proceedings be remitted to the Registrar for the hearing of the petition on Monday 2 August 1999.

Note:       Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 7554 OF 1999

IN THE MATTER OF ROBERT SING
BETWEEN:	BONDS INDUSTRIES LTD Applicant
AND:	ROBERT SING Respondent

JUDGE:	EMMETT J
DATE:	23 JULY 1999
PLACE:	SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

1       I have before me a petition under the Bankruptcy Act 1966 ("the Act") by Bonds Industries Ltd ("the Creditor"), seeking the sequestration of the estate of Robert Sing ("the Debtor"). The petition is based on an act of bankruptcy consisting of failure by the Debtor, on or before 15 April 1999, to comply with the requirements of a bankruptcy notice served on 25 March 1999.

2       Pursuant to sub-regulation 4.02A(2)(b), the Official Receiver extended the period for service of the bankruptcy notice, which was originally issued on 6 May 1998, until 6 May 1999. The bankruptcy notice bears the date 6 May 1998. When the matter came before the Registrar, the Registrar was concerned that the bankruptcy notice does not comply with Form 1 prescribed under the regulations. The petition was therefore referred to a judge and the matter came before me.

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