Body Corporate for Sanderling at Kings Beach v Samsakopoulos

The Supreme Court of Queensland, in a decision by Judge Jarrett, considered an application to review a registrar's decision concerning a creditor's petition. The applicant, Body Corporate for Sanderling at Kings Beach, sought to have the registrar's prior orders set aside and the creditor's petition dismissed. The respondent was Samsakopoulos.

The central legal issue before the Court was whether the petitioning creditor had adequately proven its case to justify the making of a sequestration order. This involved a determination of whether the creditor had satisfied the requirements of the *Bankruptcy Act 1966* (Cth) in presenting its petition.

Judge Jarrett conducted a hearing *de novo*, meaning the matter was heard afresh. The Court found that the petitioning creditor had failed to establish the necessary grounds for the creditor's petition. Consequently, the Court concluded that the registrar's previous orders were not sustainable.

Accordingly, the Court ordered that the orders made on 1 November 2018 be set aside and that the creditor's petition filed on 30 July 2018 be dismissed.