Re Thorpe, R. (also known as Peter) v Ex parte Thorpe, R.

In the case before the court, the applicant, R. Thorpe, also known as Peter, sought a declaration regarding the personal service of a bankruptcy notice. The respondent, Thorpe, filed an ex parte application to have the court determine the validity of the service of the notice. The dispute centred on whether the bankruptcy notice, dated 24 November 1987, was effectively served upon the applicant on 28 November 1987, and what constitutes "personal service" in this context.

The court had to decide several legal issues, including the circumstances under which an omission or understatement in a bankruptcy notice could affect its validity. It also needed to determine what constituted a "copy" of a bankruptcy notice for service purposes and the requirements of an affidavit of due service. Furthermore, the court had to assess the onus of proof in establishing the validity of the service of the bankruptcy notice and what could be considered "personal service".

In its reasoning, the court found that the bankruptcy notice was not personally served upon the applicant on the specified date. The court examined the affidavit of service and found it insufficient as it did not meet the requirements for proving personal service. The court concluded that the omission of certain details in the affidavit meant that the onus of proof was not met, leading to the decision that the notice was not validly served. The respondent was ordered to pay the applicant's costs of the application, to be taxed.

The final orders of the court declared that the bankruptcy notice addressed to the applicant and dated 24 November 1987 was not personally served on 28 November 1987. Additionally, the respondent was ordered to pay the applicant's costs of the application, with the amount to be taxed as per Rule 124 of the Bankruptcy Rules.