Doust v Deputy Commissioner of Taxation
[2012] FMCA 824
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| DOUST v DEPUTY COMMISSIONER OF TAXATION | [2012] FMCA 824 |
| BANKRUPTCY – Review of sequestration order. |
| Bankruptcy Act 1966 (Cth), s.52 |
| Applicant: | CRAIG STANLEY DOUST |
| Respondent: | DEPUTY COMMISSIONER OF TAXATION |
| File Number: | PEG 111 of 2012 |
| Judgment of: | Lindsay FM |
| Hearing date: | 5 September 2012 |
| Date of Last Submission: | 5 September 2012 |
| Delivered at: | Perth |
| Delivered on: | 5 September 2012 |
REPRESENTATION
| The Applicant: | No appearance |
| Counsel for the Respondent: | Ms Tate |
| Solicitors for the Respondent: | ATO Legal Services |
ORDERS
A sequestration order be made against the estate of CRAIG STANLEY DOUST, (“the Applicant”).
The Respondent creditor’s costs be fixed in the sum of $1,426.00 and paid out of the estate of the Applicant in accordance with s.51 of Bankruptcy Act 1966 (Cth).
The Application filed 21 May 2012 be dismissed.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT PERTH |
PEG 111 of 2012
| CRAIG STANLEY DOUST |
Applicant
And
| DEPUTY COMMISSIONER OF TAXATION |
Respondent
REASONS FOR JUDGMENT
This application purported to be a review of a decision of the Registrar who exercises the delegated powers of this Court in bankruptcy matters, and who made a sequestration order on the creditor’s petition against the applicant. The applicant brought his review within time. He filed an affidavit in support of the application for review, but he has played little, if any, role in the proceedings subsequently. He has been called in the precincts of the Court today and he has not answered the call.
There is nothing in the affidavit material that he has filed and nothing else that has been brought to my attention which I consider would have provided any basis for me to dismiss the petition under s.52(2) of the Bankruptcy Act 1966 (“the Act”). There is no proof that he was able to pay his debts nor any other sufficient cause why a sequestration order ought not be made, and I am satisfied on account of the affidavits that have been filed and to which Ms Tate has drawn my attention as proof of the matters required by s.52(1) of the Act.
Accordingly, I am prepared to make a sequestration order against the estate of the applicant in these proceedings, the respondent in the proceedings before the Registrar, and an order for the payment of costs by the applicant in the amount sought by the respondent.
I so order.
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Lindsay FM
Date: 10 September 2012
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