Camilleri v Ryan
[2008] FMCA 145
•5 February 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| CAMILLERI v RYAN | [2008] FMCA 145 |
| BANKRUPTCY – No appearance. |
| Federal Magistrates Court (Bankruptcy) Rules 2006 Federal Magistrates' Court Rules 2001 |
| Applicant: | ANTHONY CAMILLERI |
| Respondent: | CRAIG RYAN |
| File number: | SYG 2110 of 2007 |
| Judgment of: | Raphael FM |
| Hearing date: | 5 February 2008 |
| Date of last submission: | 5 February 2008 |
| Delivered at: | Sydney |
| Delivered on: | 5 February 2008 |
REPRESENTATION
| For the Applicant: | In person |
| Solicitors for the Respondent: | Mr S Sutherland (withdrawn) |
ORDERS
Application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates' Court Rules 2001.
Applicant debtor pay the costs of the official receiver in relation to the application.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 2110 of 2007
| ANTHONY CAMILLERI |
Applicant
And
| CRAIG RYAN |
Respondent
REASONS FOR JUDGMENT
The matter before me today is the adjourned hearing of an application by a bankrupt for review of the decision of Registrar Tesoriero made on 13 November 2007 that a sequestration order be made against the estate of Anthony Camilleri. The matter first came before me on 18 December 2007. At that time Mr Camilleri was represented.
I made orders adjourning the matter for hearing today at 10.15 am and requiring the debtor to file and serve any evidence upon which he intends to rely on or before 18 January. I also required the trustee to prepare a report pursuant to r.7.06 of the Federal Magistrates Court (Bankruptcy) Rules 2006 (the “Rules”) and attend the hearing.
I ordered that the bankrupt complete and provide to the trustee a statement of affairs on or before 31 December 2007.
On 31 January 2008 the trustee filed the report, which indicated that the bankrupt had not complied with my order in relation to the filing of the statement of affairs, and had done this only on 2 January. As the trustee points out the statement of affairs could hardly be said to be complete. It does not even give a residential address of the debtor. No other evidence has been filed, although it should be noted that the debtor filed a detailed affidavit on 4 December 2007. In particular, there is no confirmation that the provisions of Div.7.2 r.7.06(3)(v) of the Rules have been complied with.
This morning Mr Sutherland, who previously appeared on behalf of the debtor, informed me that he had not received instructions from him in relation to this application and he wished to withdraw. I am told that the debtor has sent a fax to the court advising that he is ill and unable to attend. This fax has not been received in my chambers but
Mr Ryan confirms that he understands that such a fax has been sent and that this is not the first time that the debtor has indicated on the day of a hearing that he is unable to attend through illness.
As the situation stands the applicant has not appeared. Mr Sutherland has been excused. I do not have evidence that the Rules have been complied with and I am not satisfied from the affidavit filed on behalf of the Official Receiver that the bankrupt's affairs have properly been made known to the court. In those circumstances I propose to dismiss the application pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates' Court Rules 2001 and order that the applicant debtor pay the costs of the Official Receiver in relation to the application.
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
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