National Australia Bank failed to obtain a sequestration order against a delinquent borrower after a court found that the service of the bankruptcy notice through its customer's lawyer was defective.Judge Kenneth Raphael of the Federal Circuit Court of Australia ruled that "a computer in a solicitor's office is not maintained by the 'person' for the receipt of electronically-transmitted documents, the person in this case always being the debtor and not the debtor's solicitor."
NAB's client, Elaraby El Gammal, owed the bank A$347,000. NAB obtained judgment in the Supreme Court of New South Wales in April 2013.NAB's lawyers, Gadens, corresponded with El Gammal's solicitors, who responded that  "I am not instructed to accept service with respect to your purported Bankruptcy Notice. I suggest you serve Mr El Gammal personally as I will not accept service."Judge Raphael concluded: "I cannot be satisfied that the bankruptcy notice was received by the respondent and, therefore, that he had an opportunity to comply with it."