FEDERAL MAGISTRATES COURT OF AUSTRALIA
| KAKAVAS v PARADISE ENTERPRISES LIMITED | [2010] FMCA 574 |
| BANKRUPTCY – Bankruptcy notice – extension of time for compliance – application refused. |
| Bankruptcy Act 1966, ss.41, 306 |
| McCormac; ex parte Taylor [1985] FCA 334; (1985) 10 FCR 162 Byron v Southern Star Group Pty Ltd [1997] FCA 151; (1997) 73 FCR 264 Cook v Tagamalitsky [2001] FMCA 117 Kavakas v Crown Limited & Ors [2010] VSCA 102 Re Nguyen; ex parte Deputy Commissioner of Taxation [1995] FCA 1036; (1995) 30 ATR 63; (1995) 54 FCR 403 |
| Applicant: | HARRY KAKAVAS |
| Respondent: | PARADISE ENTERPRISES LIMITED |
| File Number: | MLG 779 of 2010 |
| Judgment of: | Riethmuller FM |
| Hearing date: | 20 July 2010 |
| Date of Last Submission: | 20 July 2010 |
| Delivered at: | Melbourne |
| Delivered on: | 20 July 2010 |
REPRESENTATION
| Counsel for the Applicant: | Mr Kohn |
| Solicitors for the Applicant: | Madgwicks |
| Counsel for the Respondent: | Mr Horgan SC |
| Solicitors for the Respondent: | Kliger Partners |
ORDERS
The time for compliance with bankruptcy notice no. VN 359/2010 be extended until 4.30 p.m. on 27 July 2010.
The application filed on 23 June 2010 be otherwise dismissed.
The applicant pay the respondent’s costs as agreed or, failing that, as assessed on the Federal Court’s scales.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
MLG 779 of 2010
| HARRY KAKAVAS |
Applicant
And
| PARADISE ENTERPRISES LIMITED |
Respondent
REASONS FOR JUDGMENT
(revised from transcript)
This is an application filed 27 May 2010 for a declaration that the bankruptcy notice in this case was not served in accordance with substituted service orders made by the court and, alternatively, that the notice be set aside and in the further alternative, for a stay pending the outcome of the appeal to the Court of Appeal of Victoria with respect to the judgment upon which the bankruptcy notice is founded.
The application was initially dismissed by Registrar Allaway on 21 June 2010. The reasons of the Registrar are not available but are not required for a hearing such as this. The matter comes as a review application, on review de novo, that is, it is to be heard again before me on the materials that are now available, without regard to the Registrar’s decision.
The applicant in this case is a gambler and the respondent, a casino operator. The applicant travelled to the Bahamas in November of 2006 for his honeymoon and there he attended at the casino of the respondent. The respondent provided him with a line of credit of around $US1 million in order to facilitate his gambling at the casino. This was not an unusual feature of the applicant’s life, he had received lines of credit at various casinos around the world. Recorded in the Supreme Court judgment is the proposition that he had received lines of credit from a large number of casinos for large sums elsewhere in the world which appeared on credit searches undertaken by the respondent.
The applicant gambled for a number of days at the casino and ultimately lost…
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- Case
- [2010] FMCA 574
- Decision Date
CaseChat Overview and Summary
The court had to consider whether Kakavas's application for an extension was made within a reasonable time and whether there were any exceptional circumstances justifying the extension. The court also needed to evaluate the impact of Kakavas's conduct, including his efforts to settle the debt and the reasons for any delays in responding to the bankruptcy notice.
In its decision, the court found that Kakavas had not acted within a reasonable time and that there were no exceptional circumstances that would warrant an extension of the compliance period. The court noted that Kakavas had made attempts to resolve the debt but did not act promptly once he became aware of the bankruptcy notice. The Federal Court ultimately dismissed the application for an extension and ordered Kakavas to pay the respondent's costs as per the agreed terms or, if not agreed, as assessed on the Federal Court’s scales. The time for compliance with the bankruptcy notice was extended only to allow Kakavas to make the payment of the costs.
Orders
Orders of the court
1.
The time for compliance with bankruptcy notice no. VN 359/2010 be extended until 4.30 p.m. on 27 July 2010.
2.
The application filed on 23 June 2010 be otherwise dismissed.
3.
The applicant pay the respondent’s costs as agreed or, failing that, as assessed on the Federal Court’s scales.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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