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Cappello v Homebuilding Pty Ltd (formerly known as Hammond & Simonds NSW Pty Ltd) [2021] FCA 981

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BANKRUPTCY -- application to set aside a bankruptcy notice -- whether bankruptcy notice defective -- where notice founded on judgment debt for which debtors jointly and severally liable, but only one copy of notice left at their premises and notice refers to creditor by its former name and gives its lawyers' address rather than its own, whether bankruptcy notice capable of misleading debtors -- where bankruptcy notice not in the form prescribed by the Bankruptcy Regulations 2021 (Cth) but the Bankruptcy Regulations 1996 (Cth), whether bankruptcy notice capable of misleading debtors -- whether debtors have a counter-claim, set-off or cross-demand within s 40(1)(g) of Bankruptcy Act 1966 (Cth)

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