Estee Lauder Pty Ltd v Drew

[1999] FCA 642

FEDERAL COURT OF AUSTRALIA

Estee Lauder Pty Ltd v Drew [1999] FCA 642

ESTEE LAUDER PTY LTD v JUSTIN ANTHONY DREW

N 7150 OF 1999

EMMETT J
11 MAY 1999
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N7150 OF 1999

IN THE MATTER OF JUSTIN ANTHONY DREW
BETWEEN:	ESTEE LAUDER PTY LTD Petitioning Creditor
AND:	JUSTIN ANTHONY DREW A bankrupt
JUDGE:	EMMETT J
DATE OF ORDER:	11 MAY 1999
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Service of the application for annulment on the creditors of the bankrupt be dispensed with.

2.The bankruptcy of Justin Anthony Drew be annulled.

3.The bankrupt to pay costs and fees of the trustee in the sum of $1,344 within 28 days.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N7150 OF 1999

IN THE MATTER OF JUSTIN ANTHONY DREW
BETWEEN:	ESTEE LAUDER PTY LTD Petitioning Creditor
AND:	JUSTIN ANTHONY DREW A Bankrupt

JUDGE:	EMMETT J
DATE:	11 MAY 1999
PLACE:	SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

1. I have before me an application brought by notice of motion by Justin Anthony Drew, either for review of a sequestration order made on 25 March 1999, or for annulment of that order.  Counsel for the bankrupt has indicated that, in the light of views which I have previously expressed, he presses only for annulment of the sequestration order.  That order is not opposed by the petitioning creditor, nor by his trustee in bankruptcy. 

2. I have evidence before me to indicate that Mr Eric Lindsay Oates, solicitor, was instructed to oppose the petition but that, due to administrative oversight, no action was taken with respect to those instructions.  Accordingly, there was no appearance for the debtor on the return date of the petition on 25 March 1999.  In those circumstances, a sequestration order was made by a Registrar, unopposed.

3. The bankrupt has filed an affidavit, indicating his assets and liabilities, and I have a report from the trustee in bankruptcy based on that affidavit.  That evidence indicates that the bankrupt has unsecured liabilities of $4,777.91, and assets having a value of $707,200.  In addition, there are moneys owing in respect of an order for costs made in favour of the petitioning creditor.  Costs and fees have also been incurred in the administration of the estate by the trustee. 

4. In the circumstances, I am satisfied that the sequestration order should be annulled.  Accordingly, I make orders in accordance with the short minutes which I have initialled, dated with today's date and placed with the papers.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:             11 May 1999

Counsel for the Bankrupt:	B.J. Skinner
Solicitor for the Bankrupt:	Oates & Smith
Solicitor for the Official Trustee in Bankruptcy:	Sally Nash
Date of Hearing:	11 May 1999
Date of Judgment:	11 May 1999