Malouf v Sudath

[2007] FMCA 1908

FEDERAL MAGISTRATES COURT OF AUSTRALIA

MALOUF v SUDATH [2007] FMCA 1908

BANKRUPTCY – Review of Registrar’s decision where petitioning creditor’s debt has been paid within stay period.

Bankruptcy Act 1966

Applicant: ANTHONY MARK MALOUF

Respondent: KONDASINGHE ARON SUDATH

File number: SYG 2166 of 2007

Judgment of: Raphael FM

Hearing date: 13 November 2007

Date of last submission: 13 November 2007

Delivered at: Sydney

Delivered on: 13 November 2007

REPRESENTATION

For the Applicant: No appearance

For the Respondent: In person by telephone

ORDERS

1. Petition dismissed.

2. Applicant creditor’s costs (including any reserved costs) to be taxed and paid from the estate of the Respondent Debtor in accordance with the Bankruptcy Act 1966.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2166 of 2007

ANTHONY MARK MALOUF

Applicant

And

KONDASINGHE ARON SUDATH

Respondent

REASONS FOR JUDGMENT

1. In this matter the court is satisfied that within the stay period of 21 days the respondent debtor paid the debt due to the petitioning creditor. It was only due to his incarceration that a formal application to the Registrar to set aside the order made on 8 October 2007 was not made within time.

2. In the circumstances, the court grants leave to bring this application out of time, provides a review of the decision of Registrar Tesoriero and in place of the orders made by the learned Registrar, dismisses the petition and orders that the applicant creditor’s costs (including any reserved costs) be taxed and paid by the applicant debtor in accordance with the Bankruptcy Act 1966 and notes that payment has been made.

3. The court notes that there is no appearance today on behalf of the Trustee but a copy of this order will be provided to him.

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

Associate: 

Date: