FEDERAL COURT OF AUSTRALIA

Bennell v American Express Australia Ltd [2005] FCA 1169

CORRIGENDUM

BENNELL & ANOR V AMERICAN EXPRESS AUSTRALIA LTD & ANOR

NSD 1942 OF 2004

NSD 1943 OF 2004

NSD 866 OF 2005

NSD 867 OF 2005

NSD 1032 OF 2005

EMMETT J

13 SEPTEMBER 2005 (CORRIGENDUM 24 OCTOBER 2005)

SYDNEY

CORRIGENDUM TO REASONS FOR JUDGMENT

1                     The second sentence of [11] should be amended to read:

‘The applicant debtors made no payment by that date and, subject to the question of validity of the bankruptcy notices as ordered to be amended by the Registrar, each of them committed an act of bankruptcy on 15 March 2005.’

2                     The following sentence should be inserted in [11] after the second sentence:

‘This is because the time for compliance with the bankruptcy notice served on Mr Bennell was extended by the Court until 15 March 2005 and the time for compliance with the bankruptcy notice served on Mrs Bennell was deemed extended pursuant to s 41(7) of the Act until 15 March 2005 when Mrs Bennell abandoned her claim pursuant to s 41(7).’

Associate:

Dated:              24 October 2005