Ferguson v Premier Plasterboard Pty Ltd

[2018] FCA 1028

FEDERAL COURT OF AUSTRALIA

Ferguson v Premier Plasterboard Pty Ltd [2018] FCA 1028

File number:

SAD 33 of 2018

Judge:

WHITE J

Date of judgment:

6 July 2018

Catchwords:

BANKRUPTCY AND INSOLVENCY – application for review of a decision of a Registrar – Registrar dismissed an application to set aside a bankruptcy notice and an application for an extension of time for compliance with a bankruptcy notice – application for review dismissed.

Legislation:

Bankruptcy Act 1966 (Cth) s 41

Federal Court of Australia Act 1976 (Cth) s 35A(5)

Supreme Court Act 1935 (SA) s 50(4)(a)(ii)

Cases cited:

Australian Securities and Investments Commission v Forge [2003] FCAFC 274; (2003) 133 FCR 487

Commonwealth Bank of Australia v Jeans [2005] FCA 978

Corney v Brien (1951) 84 CLR 343

Emmerson v Wreckair Pty Ltd (1992) 33 FCR 581

Harrison v Charalambous [1999] FCA 902

Katter v Melhem (No 2) [2014] FCA 1176; (2014) 319 ALR 646

Re Wong; ex parte Kitson (1979) 27 ALR 405

Wren v Mahoney (1972) 126 CLR 212

Date of hearing:

6 July 2018

Registry:

South Australia

Division:

General Division

National Practice Area:

Commercial and Corporations

Sub-area:

General and Personal Insolvency

Category:

Catchwords

Number of paragraphs:

28

Counsel for the Applicant:

The Applicant appeared in person

Counsel for the Respondents:

The Respondents did not appear

ORDERS

SAD 33 of 2018

BETWEEN:

MICHAEL SHANE FERGUSON

Applicant

AND:

PREMIER PLASTERBOARD PTY LTD

First Respondent

INSULATION SA PTY LTD

Second Respondent

JUDGE:	WHITE J
DATE OF ORDER:	6 JULY 2018

THE COURT ORDERS THAT:

1.The application is dismissed.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

WHITE J:

1. This judgment concerns an application made under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) (the FCA Act) for review of a decision of a Registrar made on 31 May 2018.

2. By that decision, the Registrar dismissed the application of the Applicant seeking the setting aside of a bankruptcy notice or, pursuant to s 41(6A) of the Bankruptcy Act 1966 (Cth), an extension of time for compliance with that bankruptcy notice.

3. The Applicant was unrepresented before me, as he was in the hearing before the Registrar.

4. The Respondents to the application are the companies which served the bankruptcy notice.  They were represented in the hearing before the Registrar but did not participate in the hearing before me.  Their solicitor informed the Court on 3 July 2018 that the Respondents would not attend the hearing.

5. The hearing before me is a hearing de novo.  For the purposes of the review, I had regard to the material which was before the Registrar.  In addition, the Applicant tendered a copy of an interlocutory application which he has filed in the Magistrates Court of South Australia to which I will refer again shortly.  He informed the Court that that application is to heard on 11 July 2018.

6. The bankruptcy notice in question was served on the Applicant on 23…