Capital Finance Australia Ltd v Ziade
[2005] FMCA 1078
•26 July 2005
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| CAPITAL FINANCE AUSTRALIA LTD v ZIADE | [2005] FMCA 1078 |
| BANKRUPTCY – Sequestration order granted after undertakings not complied with. |
| Bankruptcy Act 1966, s.52 Federal Court Act and Rules |
| Applicant: | CAPITAL FINANCE AUSTRALIA LIMITED |
| Respondent: | NEAF ZIADE |
| File Number: | SYG1333 of 2005 |
| Judgment of: | Raphael FM |
| Hearing date: | 26 July 2005 |
| Date of Last Submission: | 26 July 2005 |
| Delivered at: | Sydney |
| Delivered on: | 26 July 2005 |
REPRESENTATION
| Counsel for the Applicant: | Mr J White |
| Solicitors for the Applicant: | Kemp Strang |
| Counsel for the Respondent: | Mr M Duncan |
ORDERS
Estate of Neaf Ziade be sequestrated.
The applicant's costs including any reserved costs be paid in the priority set out in the Bankruptcy Act and in accordance with the Federal Act and Rules.
THE COURT NOTES:
Mr Ian Charles Francis of Level 26, The Royal Exchange Building,
56 Pitt Street, Sydney, be appointed the Trustee of the Estate of Mr Ziade.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG1333 of 2005
| CAPITAL FINANCE AUSTRALIA LIMITED |
Applicant
And
| NEAF ZIADE |
Respondent
REASONS FOR JUDGMENT
On 12 July 2005 this matter became before me for hearing of a bankruptcy petition. The matter was adjourned until today on the basis of certain undertakings given by the respondent debtor through his counsel. The subject matter of those undertakings has not been complied with and Mr Duncan, on behalf of the debtor, acknowledges that the sequestration order must proceed in accordance with the undertaking. I have been provided with a final affidavit of debt and a final affidavit of search. I am otherwise satisfied of the matters required under s.52 of the Bankruptcy Act 1966 (Cth) (the “Act”).
I make a sequestration order of the Estate of Neaf Ziade. I note the consent to act given by Ian Charles Francis and I order that Mr Ian Charles Francis, Level 26, The Royal Exchange Building, 56 Pitt Street, Sydney, be appointed the Trustee of the Estate of Mr Ziade. I order that the applicant's costs including any reserved costs be paid in the priority set out in the Act and in accordance with the Federal Act and Rules.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date:
0
0
2