Bevitt v TOPIC

[2006] FMCA 217

FEDERAL MAGISTRATES COURT OF AUSTRALIA

BEVITT & ORS v TOPIC [2006] FMCA 217

BANKRUPTCY – Dismissal for non attendance.

Federal Magistrates Court Rules 2001

Applicant: CHRISTOPHER  BEVITT, BRETT BOON, DAVID BRAND, THEO CASIMATIS & ORS T/AS ACUITI LEGAL
ACN 063 681 229

Respondent: MARK TOPIC

File Number: SYG1547 of 2005

Judgment of: Raphael FM

Hearing date: 7 February 2006

Date of Last Submission: 7 February 2006

Delivered at: Sydney

Delivered on: 7 February 2006

REPRESENTATION

For the Applicant: No appearance

Solicitors for the Respondent: Bryan Gorman & Co

ORDERS

1. Application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules.

2. Applicant debtor pay the respondent creditor's costs assessed in the sum of $600.00 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1547 of 2005

CHRISTOPHER  BEVITT, BRETT BOON, DAVID BRAND, THEO CASIMATIS & ORS T/AS ACUITI LEGAL
ACN 063 681 229

Applicant

And

MARK TOPIC

Respondent

REASONS FOR JUDGMENT

1. In this matter the bankrupt applicant filed an application for a review of the decision of Registrar Kavallaris making a sequestration order on 29 September 2005, on 23 November 2005.  Apart from the fact that there must be some concern that this application was out of time there was no appearance by the applicant when the matter was called for hearing today before Registrar Segal or later before me.

2. In those circumstances I propose to dismiss the application pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules.

3. I order that the applicant debtor pay the respondent creditor's costs which I assess in the sum of $600.00 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM

Associate:

Date: