FEDERAL MAGISTRATES COURT OF AUSTRALIA
| LEONARD COHEN & CO v RICHARDSON | [2008] FMCA 308 |
| BANKRUPTCY – Application for sequestration order – opposed application – whether judgment debt actually owed – whether adjournment pending appeal. |
| Bankruptcy Act 1966 (Cth), ss.43, 44, 52 |
| Ahern v DCOT (1987) 76 ALR 137 Ipp J “Lawyers’ Duties to the Court” (1998) 114 LQR 63 |
| Applicant: | LEONARD COHEN & CO |
| Respondent: | PHILLIP NOEL RICHARDSON |
| File Number: | PEG 41 of 2007 |
| Judgment of: | Lucev FM |
| Hearing date: | 19 November 2007 |
| Date of Last Submission: | 19 November 2007 |
| Delivered at: | Perth |
| Delivered on: | 14 March 2008 |
REPRESENTATION
| Counsel for the Applicant: | Mr B.W Ashdown |
| Solicitors for the Applicant: | Stewart Forbes |
| Counsel for the Respondent: | Mr C.S Williams |
| Solicitors for the Respondent: | Solomon Brothers |
ORDERS
A sequestration order be made against the estate of Phillip Noel Richardson.
The applicant creditor’s costs, including all reserved costs, be taxed by a Registrar of this Court and paid from the estate of the respondent debtor in accordance with the Bankruptcy Act, 1966.
The date of bankruptcy be noted as 25 September 2006.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT PERTH |
PEG 41 of 2007
| LEONARD COHEN & CO |
Applicant
And
| PHILLIP NOEL RICHARDSON |
Respondent
REASONS FOR JUDGMENT
Application
This is an application by a firm of solicitors, Leonard Cohen & Co[1] seeking the issuance of a sequestration order against Phillip Richardson.[2]
[1] Applicant.
[2] Respondent.
The Application is opposed by the Respondent who seeks that:
a)the creditor’s petition be dismissed;
b)the creditor’s petition be adjourned pending determination of an appeal to the Western Australian Supreme Court, Court of Appeal.
Facts
Prior proceedings
The history of prior proceedings in this matter is set out in this Court’s judgment in Richardson v Leonard Cohen & Co: [3]
[3] [2007] FMCA 78 (“Richardson”). In Richardson, and hence in the following quote, the current Respondent was Applicant and the current Applicant was Respondent.
“(4)On 16 September 2005 a judgment of Sleight DCJ of the District Court of Western Australia in matter no 970 of 2000 was entered, providing that the defendants (one of whom is the Applicant) in those…
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- Case
- [2008] FMCA 308
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1.
A sequestration order be made against the estate of Phillip Noel Richardson.
2.
The applicant creditor’s costs, including all reserved costs, be taxed by a Registrar of this Court and paid from the estate of the respondent debtor in accordance with the Bankruptcy Act, 1966.
3.
The date of bankruptcy be noted as 25 September 2006.
Background
Background to the litigation
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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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