Question
On 5 January 2017 Jasmin obtained judgment in the amount of $25,000 against Perry. That amount was inclusive of interest. The amount remained unpaid. On
On 5 January 2017 Jasmin obtained judgment in the amount of $25,000 against Perry. That amount was inclusive of interest. The amount remained unpaid. On 16 July 2017, Jasmin drafted a Bankruptcy Notice in which she claimed an amount of $26,500. The increased amount was due to a wrong calculation being made by Jasmin as to interest. Shortly thereafter that Jasmin went overseas on holidays and left it to her secretary, Amanda, to arrange for the service of the Bankruptcy Notice. On 22 July 2017 Amanda instructed Kevin, a process server, to serve the Bankruptcy Notice on Perry. Amanda did not know Perry's last known address or where he currently worked so she gave details of Perry's former place of work to Kevin. As Perry could not be located, Kevin left the Bankruptcy Notice at the office of Perry's former employers. Perry never received the Bankruptcy Notice.
On 16 September 2017 Jasmin caused a creditor's petition to be served on Perry personally.
You are required to advise Perry in relation to the following: (a) whether there has been valid service of the Bankruptcy Notice; (b) whether the Bankruptcy Notice was valid or invalid and, if so, on what grounds; (c) whether the Bankruptcy Notice could be set aside and, if so, on what grounds.
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