Nunn v Citigroup Pty Ltd

FEDERAL COURT OF AUSTRALIA

Nunn v Citigroup Pty Ltd [2012] FCA 476

Citation:

Nunn v Citigroup Pty Ltd [2012] FCA 476

Appeal from:

Nunn v Citigroup Pty Ltd [2011] FMCA 1045

Parties:

ROGER NUNN v CITIGROUP PTY LTD
ABN 88 004 325 080

File number:

SAD 339 of 2011

Judge:

BESANKO J

Date of judgment:

9 May 2012

Catchwords:

 BANKRUPTCY – appeal from decision of Federal Magistrates Court – service of bankruptcy notice in accordance with rule 16.01(1)(c) of the Bankruptcy Regulations 1996 (Cth) – error in original affidavit of service concerning manner of service – where error corrected in subsequent affidavits and oral evidence of process server – whether error necessitated recommencement of sequestration proceedings.

Held: the appeal must be dismissed.  

Legislation:

 Bankruptcy Act 1966 (Cth)
Federal Magistrates Court (Bankruptcy) Rules 2006 (Cth)     

Date of hearing:

7 May 2012

Place:

Adelaide

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

5

Counsel for the Appellant:

The Appellant appeared in person

Counsel for the Respondent:

Mr S Thomas

Solicitor for the Respondent:

Finlaysons

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 339 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	ROGER NUNN Appellant
AND:	CITIGROUP PTY LTD ABN 88 004 325 080 Respondent

JUDGE:	BESANKO J
DATE OF ORDER:	9 MAY 2012
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.The appeal be dismissed.  

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 339 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	ROGER NUNN Appellant
AND:	CITIGROUP PTY LTD ABN 88 004 325 080 Respondent

JUDGE:	BESANKO J
DATE:	9 MAY 2012
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. This is an appeal from orders made by the Federal Magistrates Court on 8 December 2011. The orders made by that Court were as follows:

   1.        The application for review filed on 3 November 2011 is dismissed.

   2.        The sequestration order of Registrar Christie of 20 October 2011 is affirmed.

   3.The applicant creditors’ costs are to be taxed pursuant to O 62 of the Federal Court Rules and be paid from the bankrupt estate of the respondent debtor in accordance with the Bankruptcy Act.

   4.The applicant debtor’s application for a stay is refused.

2. In his reasons (Nunn v Citigroup Pty Ltd [2011] FMCA 1045), Simpson FM noted that he had before him an application by the appellant for review of a sequestration order made by Registrar Christie on 20 October 2011. He noted that the requirements of the Bankruptcy Act 1966 (Cth) and Federal Magistrates Court (Bankruptcy) Rules 2006 (Cth) had been complied with. He referred to the only argument put by the appellant on the application for review. He said that the appellant’s argument was that no sequestration order should have been made by the Registrar because, as at the time she made the order, no accurate affidavit…