Commonwealth Bank v J Boumelhem
[2007] FMCA 731
•22 May 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| COMMONWEALTH BANK v J BOUMELHEM | [2007] FMCA 731 |
| BANKRUPTCY – Creditor’s petition – where debtor seeks dismissal of the petition – whether debtor has shown ‘other sufficient cause’ pursuant to s.52 Bankruptcy Act – where debtor asserts breach of fiduciary duty by Bank – whether Bank’s duty of care extends to circumstances where an offer is ignored and property subsequently sold for a lesser sum to the offeror – consideration of relief available to debtor – adjournment. |
| Bankruptcy Act 1966, s.52 |
| Totev v Sfar [2006] FCA 470 Re James; Ex parte Carter Holt Harvey Roofing (Australia) Pty Ltd (No 2) (1994) 51 FCR 14 International Alpaca Management v Evsar [1999] FCA 72 St George Bank v Helfenbaum [1999] FCA 1337 Re Player (1962) 19 ABC 277 Re Schmidt; Ex parte Anglewood Pty Ltd (1968) 13 FLR 111 Ling v Enrobrook Pty Ltd (1997) 74 FCR 19 Commonwealth Bank of Australia v McDonald [1999] FCA 984 Gomez v State Bank of New South Wales Limited [2002] FCA 442 |
| Applicant: | COMMONWEALTH BANK OF AUSTRALIA |
| Respondent: | JAMAL BOUMELHEM |
| File Number: | SYG3646 of 2006 |
| Judgment of: | Raphael FM |
| Hearing date: | 26 April 2007 |
| Date of Last Submission: | 26 April 2007 |
| Delivered at: | Sydney |
| Delivered on: | 22 May 2007 |
REPRESENTATION
| Counsel for the Applicant: | Mr S Aspinall |
| Solicitors for the Applicant: | Henry Davis York |
| Solicitors for the Respondent: | V F Stanizzo Laywers |
ORDERS
Petition adjourned to 20 June 2007.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG3646 of 2006
| COMMONWEALTH BANK OF AUSTRALIA |
Applicant
And
| JAMAL BOUMELHEM |
Respondent
REASONS FOR JUDGMENT
This application for a sequestration order against the estate of Jamal Boumelhem was heard together with a similar application against Amin Boumelhem and it was agreed that evidence in the one case would be evidence in the other. I have provided detailed reasons for judgment in Mr Amin Boulmelhem’s case which should be read as my reasons for judgment in this matter. Accordingly, I will make a similar order that the hearing of the petition be adjourned until 19 June 2007 at 10.15am.
I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 22 May 2007
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