BANKRUPTCY AND INSOLVENCY – application to set aside bankruptcy notice under s 30 of the Bankruptcy Act 1966 (Cth) (the Act) – whether failure to note and make allowance for a costs order adverse to respondent vitiated bankruptcy notice – consideration of whether invalidity flows automatically from misstatement – consideration of meaning of “amount in fact due”
BANKRUPTCY AND INSOLVENCY – where bankruptcy notice includes a final judgment expressed in a foreign currency – error in publication date of exchange rate used – exchange rate expressed to two decimal places and equivalent amount understated due to rounding – whether bankruptcy notice complied with s 12 of the Bankruptcy Regulations 2021 (Cth) – whether non-compliance is merely formal
PRACTICE AND PROCEDURE – where application lodged prior to, but not accepted for filing until after, expiration of the period in s 41(6A) of the Act – consideration of whether Court’s jurisdiction in bankruptcy properly invoked in light of Lamb v Sherman [2023] FCAFC 85
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1023
For more information, see the original judgement.
