Ausreo Pty Ltd v Tasevski

[2014] FCCA 1303

FEDERAL CIRCUIT COURT OF AUSTRALIA

AUSREO PTY LTD v TASEVSKI & ANOR [2014] FCCA 1303

Catchwords:
BANKRUPTCY – Creditor’s petition – where debtor’s petitions referred to the court by the Official Receiver – whether exercise discretion to accept debtor’s petitions – whether to allow amendments to creditor’s petition – where requirements for sequestration orders met – whether to make sequestration orders.

Legislation:  

Bankruptcy Act 1966 (Cth), ss.52, 55(3)(b)

Applicant: AUSREO PTY LTD

Supporting Creditor: PREMIER CRANES & RIGGING PTY LTD

First Respondent: ILIJA TASEVSKI

Second Respondent: JONI NANOV

File Number: SYG 733 of 2014

Judgment of: Judge Raphael

Hearing date: 16 June 2014

Date of Last Submission: 16 June 2014

Delivered at: Sydney

Delivered on: 16 June 2014

REPRESENTATION

Solicitors for the Applicant: Ledlin Partners

Solicitors for the Supporting Creditor: MSB Lawyers

For the Respondents: No appearances

ORDERS

1. The creditor’s petition be amended by altering the date of the act of bankruptcy in paragraph 4 to 24 February 2014 for Mr Tasevski and 13 January 2014 for Mr Nanov.

2. Sequestration orders be made against the estates of Mr Ilija Tasevski and Mr Joni Nanov.

3. The Applicant’s costs (including any reserved costs) be taxed and paid from the estates of the Respondents in accordance with the Bankruptcy Act 1966 (Cth).

4. Under the Bankruptcy Regulations a copy of this order be given to the Official Receiver in Sydney within 2 days.

THE COURT NOTES

1. The dates of the act of bankruptcy are 24 February 2014 for Mr Ilija Tasevksi and 13 January 2014 for Mr Joni Nanov.

2. A consent to act as trustee has been signed by Paul Gerard Weston.

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT SYDNEY

SYG 733 of 2014

AUSREO PTY LTD

Applicant

PREMIER CRANES & RIGGING PTY LTD

Supporting Creditor

And

ILIJA TASEVSKI

First Respondent

JONI NANOV

First Respondent

REASONS FOR JUDGMENT

1. In this matter, a creditor’s petition was presented on 21 March 2014 against two debtors. The matter first came before the court on 24 April 2014 when the hearing of the petition was listed for 22 May 2014. On 22 May the matter was again adjourned until 6 June 2014. By that time the debtors had each presented a debtor’s petition. Because of the existence of the creditor’s petition, those debtors’ petitions were referred to the court by the Official Receiver on 5 June 2014 pursuant to s.55(3)(b) of the Bankruptcy Act1966 (Cth).[1]  

   [1] The Act.

2. The court has a discretion as to whether or not to permit the Official Receiver to accept those debtors’ petitions.  In this particular case, I have come to the view that it would not be appropriate for the debtors’ petitions to be accepted, rather it would be best if the creditors’ petitions went ahead.  This would allow a sequestration order to be made by this court noting the date of the act of bankruptcy for each individual debtor, and appointing the trustee sought by the creditor. 

3. Having considered the papers and noted the fact that the Registrar has gone through the required steps to establish that the matters required by s.52 of the Act have been complied with, and noting also the appearance of Ms Van Munster for a supporting creditor, the court is satisfied that the respondents committed the acts of bankruptcy alleged in the petition as amended. The court allows the petition to be amended by altering the date of the act of bankruptcy in paragraph 4 to 24 February 2014 for Mr Tasevski and 13 January 2014 for Mr Nanov.

4. The court is satisfied with the proof of the other matters required by s.52 of the Bankruptcy Act. The court makes a sequestration order against the estates of Ilija Tasevski and Joni Nanov. The court orders that the applicant’s costs, including reserved costs, are to be taxed and paid from the estate of the respondents in accordance with the Act. Under the bankruptcy regulations, a copy of this sequestration order is to be given to the official receiver in Sydney within two days. The court notes that the dates of the acts of bankruptcy are: 13 January 2014 for Joni Nanov and 24 February 2014 for Ilija Tasevski. The court notes that a consent to act as trustee has been signed by Paul Gerard Weston and has been lodged with the Official Receiver in Sydney.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Raphael

Associate: 

Date:  20 June 2014