Carver v de Robillard

In the matter of Carver v de Robillard, the primary legal issue before the Court was whether the Creditor had properly served the Bankruptcy Notice and the Extension Notice on the Debtor. The Creditor had obtained a judgment against the Debtor and subsequently issued a Bankruptcy Notice, which needed to be served on the Debtor within six months. The Creditor applied for an extension, which was granted by the Official Receiver, and subsequently served the Bankruptcy Notice and the Extension Notice. The Debtor opposed the Creditor’s Petition on several grounds, including that the Bankruptcy Notice and the Extension Notice were not served as alleged or at all.

The Court had to determine whether the Creditor had complied with the statutory requirements for serving the Bankruptcy Notice and the Extension Notice. The Debtor argued that he did not receive the Bankruptcy Notice or the Extension Notice until after the Creditor’s Petition was served. The Court considered the evidence provided by the Creditor, including affidavits of attempted service, and found that the Creditor had taken reasonable steps to serve the Bankruptcy Notice and the Extension Notice. The Court also found that the Debtor's evidence was unsatisfactory and not persuasive.

The Court concluded that the Creditor had properly served the Bankruptcy Notice and the Extension Notice on the Debtor. The Court found no substance in any of the grounds of opposition and ordered the sequestration of the Debtor’s estate. The Court also ordered that the Creditor’s costs, including any reserved costs, be taxed in accordance with the Federal Court Rules and paid from the Debtor’s estate in accordance with the Bankruptcy Act 1966 (Cth). The Court further noted that the date of the act of bankruptcy was 7 December 2005.