Butler v Moore

[2007] FCA 1053

FEDERAL COURT OF AUSTRALIA

Butler v Moore; in the matter of Moore [2007] FCA 1053

IN THE MATTER OF PETER GRAHAM MOORE; ORMONDE ROGER BUTLER T/AS COLE & BUTLER v PETER GRAHAM MOORE
NSD 874 OF 2006

EDMONDS J
13 JULY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 874 OF 2006

IN THE MATTER OF PETER GRAHAM MOORE

BETWEEN:	ORMONDE ROGER BUTLER T/AS COLE & BUTLER Applicant
AND:	PETER GRAHAM MOORE Respondent

JUDGE:	EDMONDS J
DATE OF ORDER:	17 APRIL 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The motion that further time be allowed to seek review of the Registrar’s decision of 15 August 2006 concerning costs be refused.

2.The motion to review the Registrar’s costs orders made on 15 August 2006 by rescinding those orders pursuant to s 37(1) of the Bankruptcy Act 1966 is dismissed.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 874 OF 2006

IN THE MATTER OF PETER GRAHAM MOORE

BETWEEN:	ORMONDE ROGER BUTLER T/AS COLE & BUTLER Applicant
AND:	PETER GRAHAM MOORE Respondent

JUDGE:	EDMONDS J
DATE:	13 JULY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 15 August 2006 a Registrar of this Court (Registrar Hedge) made the following orders:

   (1)The petition against the respondent debtor (Mr Moore) be dismissed.

   (2)Mr Moore pay the applicant creditor’s (Mr Butler’s) costs (including reserved costs) as agreed or taxed.

   (3)A copy of this order be provided to the Official Receiver in Sydney within 2 days.

2. On 14 March 2007 Mr Moore filed in the New South Wales Registry of the Court a notice of motion moving the Court for the following orders:

   (1)To accept an application of review of the Registrar’s decision despite the time limitation of 21 days as per Order 467B(1);

   (2)to review the Registrar’s costs order made on 15 August 2006 by rescinding those orders as per Section 37(1) of the Bankruptcy Act 1966; and

   (3)to replace the rescinded orders with orders that each party accept their own costs for the entirety of the matter and a mutual indemnity put into effect.

3. The notice of motion further provided that ‘the predisposing matters are contained in the affidavits forming part of this motion’.

4. The motion came before me for hearing on 17 April 2007, at the conclusion of which I made the following orders:

   (1)The motion that further time be allowed to seek review of the Registrar’s decision of 15 August 2006 concerning costs be refused.

   (2)The motion to review the Registrar’s costs order made on 15 August 2006 by rescinding that order pursuant to subs 37(1) of the Bankruptcy Act 1966  is dismissed.

5. At the time of  making the orders in [3] above I indicated that I would subsequently publish my reasons.

6. The reference in the terms of the order sought in (1) of the notice of motion to ‘as per Order 467B(1)’ could…