Question
Miranda was a director of Runway Magazine Pty Limited (Runway). When Runway went into liquidation, Miranda was sued in the District Court on an alleged
Miranda was a director of Runway Magazine Pty Limited ("Runway"). When Runway went into liquidation, Miranda was sued in the District Court on an alleged personal guarantee by Paper Supplies Pty Limited ("Supplies") for $80,000. Miranda rang Supplies and told them she never signed such a guarantee and she then ignored the District Court Statement of Claim. Supplies obtained default judgment against Miranda for $80,000. Supplies then obtained the issue of a Bankruptcy Notice for $85,000. It was served on 1 February 2016 and Miranda consults you on 8 February 2016. The Schedule to the Bankruptcy Notice sets out a calculation of interest which claims $5,000 as the difference between the amount claimed of $85,000 and the judgment sum of $80,000. On your calculations interest should have been $4,991.
Advise Miranda about the consequences of a Bankruptcy Notice and what should be done. Your answer should be in plain English and should make reference to all relevant statutory provisions and decided cases.
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