In the matter of Frank Monte, Gianni Versace SpA v Monte

[2003] FCA 957

FEDERAL COURT OF AUSTRALIA

In the matter of Frank Monte, Gianni Versace SpA v Monte [2003] FCA 957

IN THE MATTER OF FRANK MONTE

GIANNI VERSACE SpA, SANTO VERSACE and DONATELLA VERSACE v FRANK MONTE
N 7226 of 2003

WHITLAM J
10 SEPTEMBER 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 7226 OF 2003

IN THE MATTER OF
FRANK MONTE aka FRANCOIS FERDINAND MONTENERI

BETWEEN:

GIANNI VERSACE SpA
FIRST APPLICANT

SANTO VERSACE
SECOND APPLICANT

DONATELLA VERSACE
THIRD APPLICANT

AND:

FRANK MONTE
RESPONDENT

JUDGE:

WHITLAM J

DATE OF ORDER:

10 SEPTEMBER 2003

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        The application for the adjournment of the hearing of the creditors’ petition is refused.

2.        The petition is stood over to the Registrar’s list for hearing on 16 September 2003.

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	N 7226 OF 2003

IN THE MATTER OF
FRANK MONTE aka FRANCOIS FERDINAND MONTENERI

BETWEEN:

GIANNI VERSACE SpA
FIRST APPLICANT

SANTO VERSACE
SECOND APPLICANT

DONATELLA VERSACE
THIRD APPLICANT

AND:

FRANK MONTE
RESPONDENT

JUDGE:	WHITLAM J
DATE:	10 SEPTEMBER 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application under s 33 of the Bankruptcy Act 1966 (Cth) to adjourn the hearing of a creditors’ petition upon the ground that there is an appeal pending against the costs order in a judgment on which the petition is based. The appeal is discussed in the judgment given today in another matter between the same parties: Monte v Gianni Versace SpA [2003] FCA 956. The respondent accepts that, for the present application to succeed, the Court must be persuaded that that appeal against the costs order is based on genuine and arguable grounds. For the reasons given in that case, I do not consider that the grounds in the appeal generally are genuine and arguable. Conscious that I have not had full argument on those grounds and that some ingenious argument may conceivably succeed in the appeal in casting some doubt on something the trial judge said, I am confident that, having regard to the evident course of the trial, there is no prospect at all that the costs order will be disturbed on appeal. The application for an adjournment is accordingly refused.

I certify that the preceding paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Whitlam.

Associate:

Dated:             10 September 2003

Counsel for the applicants:	CRC Newlinds
Solicitors for the applicants:	Baker & Mckenzie
Counsel for the respondent:	Nye Perram
Solicitors for the respondent:	Horowitz & Bilinsky
Date of hearing:	4 September 2003
Date of judgment:	10 September 2003