FEDERAL MAGISTRATES COURT OF AUSTRALIA
| BEGETIS v TEMPERZONE AUSTRALIA PTY LTD | [2007] FMCA 498 |
| BANKRUPTCY – Application to review sequestration order – debt to petitioning creditor paid – debtor solvent – where trustee had incurred expenses in administration of estate – whether bankruptcy should be annulled. |
| Bankruptcy Act 1966 (Cth), ss.153B, 154 Federal Magistrates Court (Bankruptcy) Rules 2006 r.7.06 Federal Magistrates Act 1999, s.104 |
| Cottrill v Wilcox [2001] FCA 866 Kryiackou v Shield Mercantile Pty Ltd (No.2) [2004] FCA 1338 Martin v Commonwealth Bank of Australia [2001] FCA 87 Moore v Wilson [2006] FCA 79 Pattison v Hadjimouratis [2006] FCAFC 153 Re Hatcher; Ex parte Hatcher (unreported Federal Court of Australia, French J, 4 November (1987) Re Sarina; Ex parte Wollondilly Shire Council (1980) 43 FLR 163 Sandell v Porter (1966) 115 CLR 666 at 670 Sarina v Wollondilly Shire Council (1980) 48 FLR 372 Stankiewicz v Plata [2000] FCA 1185 Vaucluse Hospital Pty Ltd v Philiips & Anor [2006] FMCA 44 |
| Applicant: | BILL BEGETIS |
| Respondent: | TEMPERZONE AUSTRALIA PTY LTD |
| Trustee (By Leave): | CHRISTOPHER JOHN PALMER |
| File Number: | SYG3038 of 2006 |
| Judgment of: | Barnes FM |
| Hearing date: | 22 March 2007 |
| Delivered at: | Sydney |
| Delivered on: | 13 April 2007 |
REPRESENTATION
| Solicitors for the Applicant: | Proctor Phair Lawyers |
| Solicitors for the Respondent: | Aston Reid Lawyers |
| Solicitors for the Trustee in Bankruptcy: | Woods Day |
ORDERS
That the sequestration order made on 7 December 2006 be set aside.
That the creditor’s petition be dismissed.
That the debtor pay the costs of the petitioning creditor of these proceedings as agreed and in the absence of agreement taxed in accordance with the Federal Court Rules.
That the debtor pay the legal costs of the trustee of and incidental to these proceedings in relation to the trustee’s report filed on 27 February 2007 and the costs of 16 March 2007 as agreed and in the absence of agreement taxed in accordance with the Federal Court Rules but that otherwise there be no order as to the trustee’s costs.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG3038 of 2006
| BILL BEGETIS |
Applicant
And
| TEMPERZONE AUSTRALIA PTY LTD |
Respondent
And by Leave
| CHRISTOPHER JOHN PALMER |
Trustee
REASONS FOR JUDGMENT
On 10 October 2006 Temperzone Australia Pty Ltd (the creditor) filed a creditor’s petition relying on a failure by Bill Begetis (the debtor) to comply with a bankruptcy notice no.NN2608 of 2006. On 7 December 2006 a Registrar of this Court made a sequestration order against the estate of Bill Begetis. The order was made in the absence of the debtor.
On 21 December 2006 Mr Begetis filed an application for review, seeking orders that the bankruptcy notice NN2608 of 2006 be set aside and the creditor’s petition dismissed and the respondent creditor pay the debtor’s costs. The debtor also filed a notice of intention to oppose the petition on the grounds that the bankruptcy notice was a nullity, invalidated and defective, that hence no act of bankruptcy was committed and that Mr Begetis was able to pay his…
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- AGLC
- Begetis v Temperzone Australia Pty Ltd [2007] FMCA 498
- Case
- [2007] FMCA 498
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1.
That the sequestration order made on 7 December 2006 be set aside.
2.
That the creditor’s petition be dismissed.
3.
That the debtor pay the costs of the petitioning creditor of these proceedings as agreed and in the absence of agreement taxed in accordance with the Federal Court Rules.
4.
That the debtor pay the legal costs of the trustee of and incidental to these proceedings in relation to the trustee’s report filed on 27 February 2007 and the costs of 16 March 2007 as agreed and in the absence of agreement taxed in accordance with the Federal Court Rules but that otherwise there be no order as to the trustee’s costs.
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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