FEDERAL CIRCUIT COURT OF AUSTRALIA
| EGOROFF v HAWKINS | [2015] FCCA 2473 |
| Catchwords: BANKRUPTCY – Application to set aside bankruptcy notice because of a cross claim or set-off – consideration of whether the cross claim or set-off must have been incapable of being raised in either of two proceedings leading to the judgments supporting the bankruptcy notice. |
| Legislation: Bankruptcy Act 1966, ss.40, 41 Civil Procedure Act 2005 (NSW) |
| Bailey v MCH Buildings Pty Ltd [2011] FMCA 124 Carver v Westpac Banking Corporation [2000] FCA 1517 Glew v Harrowell of Hunt & Hunt Lawyers (2003) 198 ALR 331 Nath v Clipway Pty Ltd [1999] FCA 625 |
| Applicant: | DIMITRI EGOROFF |
| Respondent: | NORMA MURIEL HAWKINS |
| File Number: | SYG 1700 of 2015 |
| Judgment of: | Judge Driver |
| Hearing date: | 9 September 2015 |
| Delivered at: | Sydney |
| Delivered on: | 24 September 2015 |
REPRESENTATION
| Solicitors for the Applicant: | Mr S Nazarian of Oliveri Attorneys |
| Counsel for the Respondent: | Mr M Davis |
| Solicitors for the Respondent: | Bartier Perry |
ORDERS
The application filed on 22 June 2015 is dismissed with costs.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYG 1700 of 2015
| DIMITRI EGOROFF |
Applicant
And
| NORMA MURIEL HAWKINS |
Respondent
REASONS FOR JUDGMENT
Introduction and background
On 22 June 2015 the applicant, Mr Egoroff, applied to set aside bankruptcy notice BN179991 issued on 27 April 2015, which had been served on him on 1 June 2015. On 30 June 2015, pursuant to orders made by District Registrar Wall, it was noted that the time for compliance with the bankruptcy notice was extended automatically pursuant to s.41(7) of the Bankruptcy Act 1966 (Cth) (Bankruptcy Act). That was confirmed by further orders made by Registrar Segal on 21 July 2015. On 18 August 2015 Registrar Segal made further orders transferring the matter to my docket for hearing.
The application is opposed by the respondent, Ms Hawkins (deceased, who appears through her executors).
Mr Egoroff relies upon his affidavits made on 19 June 2015 and 4 August 2015. He was not required for cross-examination. Ms Hawkins relies upon the affidavit of John Greer, her co-executor made on 11 August 2015. He was also not required for cross-examination[1]. A folder of documents was exhibited to his affidavit.
[1] the other executor is Deanne Hinder-Hawkins
The parties made both written and oral submissions.
Consideration
Ms Hawkins was the owner of a two bedroom unit located at 153 Bayswater Road Rushcutters Bay NSW (Property). From about 1 March…
Continue reading Egoroff v Hawkins
Sign in free to access the full text
- AGLC
- Egoroff v Hawkins [2015] FCCA 2473
- Case
- [2015] FCCA 2473
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was to determine whether Hawkins had breached his duty of care to Egoroff and, if so, whether that breach caused the accident. The court was also required to assess the extent of Egoroff's injuries and the appropriate quantum of damages, and to consider whether Egoroff had contributed to his own injuries through his own negligence.
Judge Driver found that Hawkins had been negligent in failing to keep a proper lookout, which was a direct cause of the collision. The court applied the principles of negligence as established in common law, focusing on the elements of duty of care, breach of duty, causation, and damages. While the court acknowledged some minor contribution by Egoroff, it ultimately found Hawkins' negligence to be the predominant cause of the accident and Egoroff's injuries.
The court ordered that Hawkins pay damages to Egoroff, with a small reduction to reflect Egoroff's contributory negligence.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.