Northern, R.P. v Deputy Commissioner of Taxation

[1986] FCA 52

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- ?.E : RALPH P. N0F.THEP.N

D e b t o r

?et:tlonlng Credltor

REASOMS Fc7F JTJDGYENT

IGn the nearlng of a petltlon for a sequestration

3rder, IYr Scheld, for the petltrsnlng crdltor, drew m y

attention to the fact that t5e bankruptcy notlce Yelled on by

the petltzoning credltor ccncalned m error, in that whilst It

referred to the correct sum 3 s b e m g due, iC referred

lncorrectlg to a slum which the d e b t o r had pald CO reduce tne

amcunr, due as Seing “$7OO.“ Instead of “$7. ‘I

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I am satisfied, in cerms of s . 3 0 6 ( 1 ) of the

Sankruptcy Act 1966,that the lncorrect statement of the sum as

"$?oo',rather than as "$7." 1 s a "formal defect" o r

"lrregularlty". I am not of the opinion that substantral

ln~ustlce has been caused by It. Bccordmqly, I shall prgseed

CO make s sequestration order.

I am satisfied that the debtor has commltte? the a c t

of bankruptcy slleg?d m the petltion. I am satlsfled wlth the proof (of the other natters, of xhlch S. 5 2 ( 1) of the Ect

requlres proof. I note that Ronald D. Wlddows, a regrlstrr?c!

truscee, has cwsented to act as the trusree cf the estate	of
the debtor.

I make a sequestrstlon order 3qalnst the estate cf'

the debtor. I qcder that costs, includlnq reserved c0s-s. be

taxed and paid according to the Act. I direct that a draf t of

thls order be delivered to the Registrar wlthln ssven days In

accordance wlth r . 1 2 4 .

I certlfy that thls and the /

preceding page$ arc a true copy of the hls Xcnour Mr Justlce Jackson.

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