Lewis v Nortex Pty Limited (in liq) [2012] FCA 621 (15 June 2012)


BANKRUPTCY AND INSOLVENCY – application to set aside a bankruptcy notice –whether orders attached to a bankruptcy notice identified payments to be made on different accounts

22. I did not understand there to be, finally, any other substantive ground raised in support of the application to set aside the bankruptcy notice, although a number of other matters were raised in the written submissions. One matter which appears to me not to be covered in one way or another by the matters already discussed is a suggestion that the JUDGMENT/ORDER signed and sealed by a Registrar of the Supreme Court on 17 August 2010 was not a “final Judgment or final Order” as required by s 41 of the Bankruptcy Act 1966 (Cth) (“Bankruptcy Act”). The JUDGMENT/ORDER signed and sealed by the Registrar is a “certificate” for the purposes of s 178 of the Evidence Act 1995 (Cth). The certificate is evidence of the existence of an order by “an applicable court” and of the matters stated in the certificate. It was accepted that the specific orders set out in the certificate are an accurate consolidation of orders actually made, and in effect. If there was any infelicity or clerical error in the certificate, s 306 of the Bankruptcy Act would, in my view, operate to overcome any such defect. The certificate was adequate proof of a final judgment or order and the existence of the debt claimed.