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
APPLICANTAND:
THE OWNERS - STRATA PLAN NO. 17572
FIRST RESPONDENTMICHAEL GREGORY JONES
SECOND RESPONDENTJUDGE:
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
APPLICANTAND:
THE OWNERS - STRATA PLAN NO. 17572
FIRST RESPONDENTMICHAEL GREGORY JONES
SECOND RESPONDENT
JUDGE:
EMMETT J
DATE:
20 DECEMBER 2005
PLACE:
SYDNEY
REASONS FOR JUDGMENT
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.
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.
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…
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- Case
- [2005] FCA 1936
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the applicants had established any exceptional circumstances that would warrant an extension of the time for making an application for review of the sequestration orders. The court also had to consider whether the applicants had been prejudiced by the delay in being served with the relevant documents.
The court held that the applicants had not demonstrated any exceptional circumstances that would warrant an extension of time. The court found that the applicants had not been prejudiced by the delay in being served with the relevant documents, as they had been aware of the proceedings and had participated in them. The court therefore dismissed the application for an extension of time. The court also annulled the bankruptcies of the applicants and ordered that they pay the trustee’s costs and 75% of the creditors’ costs of the proceeding.
Orders
Orders of the court
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.
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
Established by: EMMETT J
Full text does not contain this section.