FEDERAL COURT OF AUSTRALIA
Civic Video Pty Ltd v Warburton [2013] FCA 934
Citation: Civic Video Pty Ltd v Warburton [2013] FCA 934 Parties: CIVIC VIDEO PTY LIMITED ACN 003 851 152 v PAUL GRAHAM WARBURTON File number: NSD 1631 of 2012 Judge: JACOBSON J Date of judgment: 18 September 2013 Catchwords: BANKRUPTCY – application for sequestration order – default judgment obtained in District Court – statement of claim not personally served on debtor – whether bankruptcy notice served in accordance with reg 16.01(1)(c) Bankruptcy Regulations 1996 (Cth) – meaning of “last-known address” Legislation: Bankruptcy Act 1966 (Cth)
Bankruptcy Regulations 1996 (Cth), reg 160.1(1)(c)
Uniform Civil Procedure Rules 2005 (NSW), rr 10.14, 10.20, 10.21(1), 10.26(1)Cases cited: Croft v Becton Investments Management Ltd (No 2) [2010] FMCA 419
Drake v Stanton [1999] FCA 1635
Evans v Bartlam [1937] AC 473
Magafas v Carantinos (2008) 222 FLR 185
QBE Insurance (Aust) Ltd v Mahaffy (No 2) (2012) 271 FLR 1
Rafaraci v Pearce [2003] FCA 1307
Re Marsh; Ex parte Marsh and Paramount Leisure Products Pty Ltd (1991) 32 FCR 482
Re Willshire-Smith; Ex parte Randle & Taylor Services Pty Ltd (1994) 48 FCR 371
Robertson v Banham & Co [1997] 1 WLR 446
Skalkos v T & S Recoveries Pty Ltd [2004] FCAFC 321Date of hearing: 11 September 2013 Date of last submissions: 11 September 2013 Place: Sydney Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 81 Solicitor for the Applicant: Mr N Mattock of Marque Lawyers Counsel for the Respondent: Mr D Stretton Solicitor for the Respondent: Salvos Legal
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 1631 of 2012
BETWEEN: CIVIC VIDEO PTY LIMITED ACN 003 851 152
ApplicantAND: PAUL GRAHAM WARBURTON
Respondent
JUDGE:
JACOBSON J
DATE OF ORDER:
18 SEPTEMBER 2013
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The creditor’s petition filed by the applicant on 22 October 2012 be dismissed with costs.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 1631 of 2012
BETWEEN: CIVIC VIDEO PTY LIMITED ACN 003 851 152
ApplicantAND: PAUL GRAHAM WARBURTON
Respondent
JUDGE:
JACOBSON J
DATE:
18 SEPTEMBER 2013
PLACE:
SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION
The applicant, Civic Video Pty Ltd (Civic) has filed a creditor’s petition seeking a sequestration order under s 43 of the Bankruptcy Act 1966 (Cth) (the Act) against Paul Graham Warburton (Mr Warburton). Two issues arise for consideration.
The first issue is whether a statement of claim filed in the District Court of New South Wales upon which a default judgment was obtained was served on Mr Warburton in accordance with Part 10 of the Uniform Civil Procedure Rules 2005 (NSW) (UCP Rules).
Mr Warburton contends that the statement of claim was not served and that the effect of the decided authorities on this question is that the…
Keep reading for free
Create a free CaseChat account to read Civic Video Pty Ltd v Warburton and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2013] FCA 934
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the service of the statement of claim on Mr Warburton was valid, considering the address discrepancies. Specifically, the court had to determine if the address provided by Mr Warburton to ASIC was his last-known address and whether the service of the statement of claim at the address listed in the franchise agreement was sufficient. The court also had to consider the implications of Mr Warburton's change of address and whether the service was in line with legal requirements.
The court found that the service of the statement of claim on Mr Warburton was valid. It held that the relevant expression in the legislation was "the last-known address of the person," and this did not depend on where the person was residing at the time of service. Despite Mr Warburton's evidence that he was not living at the address listed in the franchise agreement when the statement of claim was served, the court concluded that the address was still his last-known address for the purposes of service. Consequently, the court dismissed the petition filed by Civic with costs.
The court's decision resulted in the dismissal of the creditor's petition filed by Civic Video Pty Ltd against both Kanone and Mr Warburton, with costs awarded against Civic.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.