Hacker v The Owners - Strata Plan No. 17572

FEDERAL COURT OF AUSTRALIA

Hacker v The Owners – Strata Plan No. 17572 [2005] FCA 1936

SUSIE HACKER and NANDOR DADAY v THE OWNERS - STRATA PLAN NO. 17572 & ANOR

NSD185 OF 2005

EMMETT J
20 DECEMBER 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD185 OF 2005

IN THE MATTER OF SUSIE HACKER AND NANDOR DADAY

BETWEEN:

SUSIE HACKER and NANDOR DADAY
APPLICANT

AND:

THE OWNERS - STRATA PLAN NO. 17572
FIRST RESPONDENT

MICHAEL GREGORY JONES
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

20 DECEMBER 2005

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The application for an extension of time for making an application for review of the sequestration orders be dismissed.

2.The bankruptcies of each of Nandor Daday and Susie Hacker be annulled.

3.Nandor Daday and Susie Hacker pay the trustee’s costs of the proceeding.

4.Nandor Daday and Susie Hacker pay 75% of the creditors’ costs of the proceeding.

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	NSD185 OF 2005

IN THE MATTER OF SUSIE HACKER AND NANDOR DADAY

BETWEEN:

SUSIE HACKER and NANDOR DADAY
APPLICANT

AND:

THE OWNERS - STRATA PLAN NO. 17572
FIRST RESPONDENT

MICHAEL GREGORY JONES
SECOND RESPONDENT

JUDGE:	EMMETT J
DATE:	20 DECEMBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 31 August 2005, sequestration orders were made by a Registrar of the Court in respect of the estates of Susanna Shoshanna Gisella Hacker (‘Ms Hacker’) and Nandor Daday (‘Mr Daday’) (together ‘the Debtors’).  Michael Gregory Jones (‘the Trustee’) was appointed as trustee of the estate of each of the Debtors.  The orders were made on a petition filed on 10 February 2005 (‘the Petition’) by the Owners – Strata Plan No. 17572 (‘the Creditor’).  The Petition was based on acts of bankruptcy alleged to have been committed on 24 August 2004 consisting of failure to comply with a bankruptcy notice. 

2. By notice of motion filed on 30 September 2005, the Debtors sought an extension of time for applying for review of the sequestration orders.  By the same notice of motion, the Debtors sought review of the sequestration orders and dismissal of the Petition.  The Debtors claim that the Petition should be dismissed because it was based on purported acts of bankruptcy that did not occur.  The extension of time is opposed by the Creditor and the Trustee. 

3. On 5 July 2004, bankruptcy notice NN 1634/04 (‘the Bankruptcy Notice’) was issued by the Official Receiver under s 41 of the Bankruptcy Act 1966 (Cth) (‘the Bankruptcy Act’). The Bankruptcy Notice was addressed to each of the Debtors at 5 Bareena Street, Narrabundah, ACT (‘the Narrabundah Premises’). The Creditor alleges that the Bankruptcy Notice was served on each of the Debtors on 4 August 2004 at the Narrabundah Premises and that each of the Debtors committed an act of bankruptcy on 25 August 2004, by failing to comply with…