Adamopoulos v Olympic Airways SA

Case [1990] FCA 280


JUDGMENT No. .2..?!..!?/....?.!?.....

IN THE FEDERAL COURT OF AUSTRALIA

) )

NEW SOUTH WALES DISTRICT REGISTRY
1
GENERAL DIVISION
) NO. P2630 O0f 1989

RE: CONSTANTINOS ADAMOPOULOS AND

ANDRIANA ADAMOPOULOS

Judgment Debtors

EX PARTE: OLYMPIC AIRWAYS SA

QANTAS AIRWAYS LIMITED

Petitioning Creditors

CORAPl :  W1 LCOX J
PLACE:  SYDNEY
DATE :  5 JUNE 1990

MINUTES OF ORDER

THE COURT ORDERS THAT:

1.        A sequestration order be made against the estate of each debtor.

2. Costs, including any reserved costs, be taxed and paid, according to the Bankruptcy Act 1966.

Note:  Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules. [See also Order 37
rule  2 ( 3 ) 1 .
IN THE FEDERAL COURT OF AUSTRALIA  )
\

NEW SOUTH WALES DISTRICT REGISTRY i

GENERAL DIVISION ) NO. P2630 of 1989

RE: CONSTANTINOS ADAMOPOULOS AND

ANDRIANA ADAMOPOULOS

Judgment Debtors

EX PARTE: OLYMPIC AIRWAYS SA

QANTAS AIRWAYS LIHITED

Petitioning Creditors

CO-:  WILCOX J
PLACE :  SYDNEY
DATE :  S JUNE 1990

REASONS FOR EXTEMPORE JUDGMENT

WILCOX J:  There is before the Court for hearing a petition

by two creditors, Olympic Airways SA and Qantas Airways

Limited, seeking sequestration orders against Constantinos

Adamopoulos and Andriana Adamopoulos. The debtors are husband
and wife. M r Adamopoulos appears today on his own behalf and
also on behalf of his wife.
The matter has a history. It appears that the debt

relied upon by the petitioning creditors arises out of a
judgment given in the Supreme Court of New South Wales, Equity
Division, in May 1989. At that time Powell J dealt with an

appeal against a decision given by Master Hogan. His Honour
made orders dismissing the appeal and ordering the payment by
the present debtors to the present petitioning creditors of

the sum of $85,020.

A notice of appeal was filed against this judgment.

That appeal has not yet been heard. There has been tendered

in evidence a printout, dated 18 Hay 1990, from the Supreme

Court civil system computer file, relating to the history of

the appeal. It is not necessary to go to it in any detail.

~t shows that no index of the appeal papers has yet been
settled. There were a number of directions made in respect of
which there was default by the would-be appellants during the
latter part of 1989. According to the computer printout,
there has been no action on the appeal since some directions,
which were given on 28 November 1989, in respect of the
preparation of an index. The matter was stood out of the list

with leave to restore when the directions had been complied

with. I have been told from the bar table by Mr Adamopoulos

that an appointment has now been made to index the appeal

papers on 20 July next. I have no reason to doubt the

accuracy of what M r Adamopoulos says, but it is quite obvious
that the appeal has not been diligently pursued, and it is a
matter of…

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Adamopoulos v Olympic Airways SA [1990] FCA 280
Case
[1990] FCA 280
Decision Date

CaseChat Overview and Summary

Olympic Airways SA and Qantas Airways Limited, as petitioning creditors, sought a sequestration order against Constantinos Adamopoulos and Andriana Adamopoulos. The debtors are husband and wife and the judgment debt arose from a Supreme Court decision in May 1989, which was subsequently appealed but not diligently pursued. The petitioning creditors had failed to comply with directions to file affidavits by a certain date, but the debtors did not demonstrate prejudice from this delay. The court considered it inappropriate to dismiss the petition on the basis of an appeal against the Supreme Court judgment, especially given the lack of diligence in prosecuting the appeal.

The court found that the debtors had not provided any substantial grounds for opposing the sequestration order, and the failure to comply with directions for filing affidavits did not justify dismissing the petition. The debtors did not provide any evidence to support their claim that they did not owe the money claimed by the petitioning creditors. The court concluded that the petitioning creditors had established all the necessary matters for a sequestration order, and thus, the court made sequestration orders against the debtors. Additionally, the court ordered that costs, including any reserved costs, be taxed and paid according to the Bankruptcy Act 1966.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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