HEGYI v RAVESI

[2016] FCCA 2562

FEDERAL CIRCUIT COURT OF AUSTRALIA

HEGYI v RAVESI [2016] FCCA 2562

Catchwords:
BANKRUPTCY – Application of r.13.03C(1)(c) to set aside the creditor’s petition – no appearance by the applicant – Court’s powers exercised under r.13.03C(1)(c) – application dismissed.

Legislation:

Bankruptcy Act 1966 (Cth), s.27.
Federal Circuit Court Rules 2001, r.13.03C(1)(c).

Applicant: STEVEN HEGYI

Respondent: PAUL RAVESI

File Number: SYG 2654 of 2014

Judgment of: Judge Street

Hearing date: 5 October 2016

Date of Last Submission: 5 October 2016

Delivered at: Sydney

Delivered on: 5 October 2016

REPRESENTATION

No appearance by or on behalf of the Applicant.

The Respondent appeared in person.

ORDERS

1. The creditor’s petition is dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2654 of 2014

STEVEN HEGYI

Applicant

And

PAUL RAVESI

Respondent

REASONS FOR JUDGMENT

Background

1. This is an application within the Court’s jurisdiction under s.27 of the Bankruptcy Act 1966 (Cth) in which the respondent moves for the dismissal of the creditor’s petition under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

2. The applicant has failed to appear. Correspondence has been tendered identifying the applicant’s email address and the notification sent to the applicant of the hearing date today. The applicant was formally represented by a solicitor. I am satisfied on the basis of the evidence before me that the applicant was notified of the hearing date of today.

Conclusion

1. I am satisfied that this is a matter in which it is appropriate to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 due to the failure of the applicant to appear. 

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Street

Date:  7 December 2016