Pacer v Star Kitchens Pty Limited ACN 003 343 831

[2007] FCA 1102

FEDERAL COURT OF AUSTRALIA

Pacer v Star Kitchens Pty Limited ACN 003 343 831 [2007] FCA 1102

FRANK PACER v STAR KITCHENS PTY LIMITED ACN 003 343 831

NSD1623 OF 2005

EMMETT J
12 JULY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD1623 OF 2005

BETWEEN:	FRANK PACER Applicant
AND:	STAR KITCHENS PTY LIMITED ACN 003 343 831 Respondent

JUDGE:	EMMETT J
DATE OF ORDER:	12 JULY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The bankruptcy notice NN 3123 be set aside.

THE COURT NOTES:

2.The agreement of the parties that there be no order as to costs.

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	NSD1623 OF 2005

BETWEEN:	FRANK PACER Applicant
AND:	STAR KITCHENS PTY LIMITED ACN 003 343 831 Respondent
JUDGE:	EMMETT J
DATE:	12 JULY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this proceeding the applicant sought an order setting aside Bankruptcy Notice No. NN3123 (the Notice).  The proceeding was commenced in September 2005.  In May 2006 Conti J stood the matter over generally with liberty for either party to restore the matter on seven days’ notice.  His Honour’s purpose for doing so was that there was a related proceeding in the Local Court of New South Wales and his Honour considered that it was appropriate to await the outcome of that proceeding before determining whether the Notice should be set aside. 

2. Conti J is due to retire in several weeks’ time and for that reason the matter has been listed for directions before me.  Mr Duncan of counsel appeared for the applicant and indicated that he was asked to mention the matter on behalf of the respondent.  Mr Duncan informed the Court that the Local Court proceeding has been disposed of by way of a compromise and that the parties had overlooked the currency of the present matter.  Accordingly, Mr Duncan asked the Court to make an order, by consent, that the Notice be set aside.  I consider it appropriate to accede to that request.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:       30 July 2007

Counsel for the Applicant:	M B Duncan
The Respondent did not appear.
Date of Hearing:	12 July 2007
Date of Judgment:	12 July 2007