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Meekin v Commonwealth Bank of Australia

Meekin v Commonwealth Bank of Australia

Case [1999] FCA 682

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AGLC: Meekin v Commonwealth Bank of Australia [1999] FCA 682
Case: [1999] FCA 682
Decision Date: 26 MAY 1999

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Orders

Orders of the court

1. The application is dismissed with costs.

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Citations

Meekin v Commonwealth Bank of Australia [1999] FCA 682

Most Recent Citation

Farrugia v Farrugia [2000] FCA 129

Cases Citing This Decision

Veale v Coleman [2024] FCAFC 83
Citation 1

…FCA 224 Farrugia v Farrugia (2009) 99 FCR 6 Fuller v Alford [2017] FCA 782 Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 Meekin v Commonwealth Bank of Australia (2009) 99 FCR 16 Northern Land Council v Quall (No 3) [2021] FCAFC 2 Parianos v Lymlind Pty Ltd (1999) 93 FCR 191 Division: General Division Registry: New South Wales Nationa…
Kelly v Mosman Municipal Council [2010] FMCA 588
Citation 2 (Para 2)

…tice to sign in his stead. In so holding, the Full Court expressly approved the decision of Moore J Meekin v Commonwealth Bank of Australia [1999] FCA 682, who had held that at general law, an agent (the solicitor for the Creditor) could delegate the signing of documents in his or her name ( Meekin at [27]), and…
De Robillard v Carver [2007] FCAFC 73
Citation 3 (Para 1)

…Our attention was not drawn by the appellant to an earlier judgment of Moore J in Meekin v Commonwealth Bank of Australia [1999] FCA 682 ( ‘Meekin’ ). Neither Wilcox J or Gray J referred to Meekin .…
Sgro v Liberty Funding Pty Ltd [2004] FMCA 320
Citation 4 (Para 4)

…Boxshall (1988) 83 ALR 175 related to the signatory of a delegatee of the Deputy Commissioner for Taxation. Meekin v Commonwealth Bank of Australia [1999] FCA 682 related to an employed solicitor signing on behalf of his principal as was the case in Trustees of the Franciscan Missionaries of Mary v Weir (2000) 17…
Blackshaw Services Pty Ltd v Cureton [2003] FMCA 591
Citation 5 (Para 9)

…v Boxshall (1988) 83 ALR 175 related to the signatory of a delegatee of the Deputy Commissioner for Taxation. Meekin v Commonwealth Bank of Australia [1999] FCA 682 related to an employed solicitor signing on behalf of his principal as was the case in Trustees of the Franciscan Missionaries of Mary v Weir (2000)…
Wright v Australia & New Zealand Banking Group Ltd [2001] FCA 386
Citation 6 (Para 16)

…In Farrugia v Farrugia (2000) 99 FCR 16, Katz J, following Moore J in Meekin v Commonwealth Bank of Australia (1999) FCA 682, held that the use of regular instead of bold typeface in that bankruptcy notice is not substantial compliance with the prescribed form, as the practical effect of what is done does not substantially equate with the pract…
Trustees of the Franciscan Missionaries of Mary v Weir [2000] FCA 574
Citation 7 (Para 5)

…In Meekin v Commonwealth Bank of Australia [1999] FCA 682, Moore J decided an application to set aside a not dissimilar bankruptcy notice. The corresponding part of it read: “The person who applied for this notice to be issued is: JOHN HENRY BARTROP [a solicitor] who confirms by the following signature that he or…
Farrugia v Farrugia [2000] FCA 385
Citation 8 (Para 7)

…s 4.02(2) and (3) of the Regulations . Most significant among those authorities is the decision of Moore J in Meekin v Commonwealth Bank of Australia [1999] FCA 682 (26 May 1999, unreported) . That was a case in which an application was made to set aside a bankruptcy notice on, among other grounds, the ground tha…
Farrugia v Farrugia [2000] FCA 129
Citation 9 (Para 22)

…form prescribed by the regulations.” Not only is this language in unambiguous terms, as Moore J put it in Meekin v Commonwealth Bank of Australia [1999] FCA 682 at para [20], it clearly implies that there will be a form prescribed . As to matters of substance therein, it seems inconsistent with the tone of s 41(2…

Cases Cited

Statutory Material Cited

James v Federal Commissioner of Taxation [1955] HCA 75
Citation 1

…James v Federal Commissioner of Taxation [1955] HCA 75; (1955) 93 CLR 631, cited…
Commonwealth Bank of Australia v Muirhead [1996] QCA 241
Citation 2

…dicate that is being done on behalf of B and such a mark can be treated as the signature of B: see McRae v Coulton (1986) 7 NSWLR 644 at 651, 663 and Muirhead v Commonwealth Bank of Australia (1996) 139 ALR 561. In the present case it is plain that de Jersey was signing on behalf of Bartrop. It is equally clear that the application was being made…
Thorpe, Andrew Cecil v Bristile Ltd [1997] FCA 1369
Citation 3

…Thorpe v Bristile Ltd [1997] FCA 1369, cited…
Re Wong; Ex parte Kitson [1979] FCA 67
Citation 4

…s misled. I accept the respondent's submission that, in deciding this issue, the Court may look at facts extraneous to the notice itself: Re Wimborne (1979) 24 ALR 494 at p 499, a decision of Lockhart J. 21 In the present case it is clear from the reasons for judgment of Acting Judge Bowden that the judgment given o…

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