Cash Stop Financial Services v Nguyen
[2006] FMCA 215
•7 February 2006
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| CASH STOP FINANCIAL SERVICES v NGUYEN | [2006] FMCA 215 |
| BANKRUPTCY – Dismissal for non attendance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | CASH STOP FINANCIAL SERVICES PTY LTD (ACN 091 194 786) |
| Respondent: | THAN Y NGUYEN |
| File Number: | SYG2821 of 2004 |
| 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
| Solicitors for the Applicant: | Forum Law |
| Solicitors for the Trustee: | Thomson Playford |
ORDERS
Application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules.
Applicant (Bankrupt) on motion to pay respondent’s costs in the sum of $300.00.
Applicant (Bankrupt) on motion to pay Trustee’s costs in the sum of $300.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG2821 of 2004
| CASH STOP FINANCIAL SERVICES PTY LTD ACN 091 194 786 |
Applicant
And
| THANH Y NGUYEN |
Respondent
REASONS FOR JUDGMENT
These proceedings are an application by way of notice of motion in what appears to me to be the original sequestration proceedings, SYG2821of 2004, by the bankrupt, to set aside the sequestration order. But it also seems to be an application to review a decision of the Registrar making that order.
The order was made on 25 October 2004. The notice of motion was issued on 16 January 2006, some considerable period out of time. I am not troubled by this because the applicant, Mr Nguyen, has not attended today neither before the Registrar nor before myself. He sent to the solicitor acting on behalf of his trustee a notice of discontinuance dated 6 February 2006. That notice had not been accepted for filing by the court because that would have been contrary to the rules. See Federal Magistrates Court Rules 13.01(2).
I am not disposed in the absence of the applicant to allow this notice of discontinuance to be filed. I think the appropriate order to make is to dismiss the application pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules.
I order that the applicant (bankrupt) pay the respondent's costs which I assess in the sum of $300.00. The Trustee is also represented as it was he who received the notice of discontinuance and he would have had an interest in any proceedings that might have taken place. I order that the Trustee's costs also be paid by the bankrupt and I assess them in the sum of $300.00.
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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