Paradise Constructors and Co Pty Ltd v Cant

[2008] FCA 1105

FEDERAL COURT OF AUSTRALIA

Paradise Constructors & Co Pty Ltd v Cant [2008] FCA 1105

PARADISE CONSTRUCTORS & CO PTY LTD v ANTHONY CANT

VID 577 OF 2008

HEEREY J
25 JULY 2008
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 577 OF 2008

IN THE MATTER OF THE BANKRUPT ESTATE OF KAREL ETL

BETWEEN:	PARADISE CONSTRUCTORS & CO PTY LTD Applicant
AND:	ANTHONY CANT Respondent

JUDGE:	HEEREY J
DATE OF ORDER:	25 JULY 2008
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The application be dismissed with costs.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 577 OF 2008

BETWEEN:	PARADISE CONSTRUCTORS & CO PTY LTD Applicant
AND:	ANTHONY CANT Respondent

JUDGE:	HEEREY J
DATE:	25 JULY 2008
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. The applicant seeks leave to appeal from an order made in the Federal Magistrates Court on 24 July 2008 which dismissed the orders sought by the applicant, for injunctions restraining the respondent from distributing any proceeds arising from the sale of any property of the bankrupt, Karel Etl, except by order of the Federal Magistrates Court. 

2. It is plain from reading the judgment of the Court of Appeal of the Supreme Court of Victoria on 14 July 2008 in Milhouse General & Mercantile Pty Ltd v Cant (unreported, Sup Ct CA, Vic, Buchanan and Nettle JJA, 3823 of 2008), along with the respondent’s outline of submissions, that this application is an abuse of process. 

3. The proposed appeal would have no reasonable prospects of success and I therefore dismiss the application with costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Heerey.

Associate:

Dated:       28 July 2008

Counsel for the Respondent:	The applicant appeared in person (by its director, B Strangio)
Counsel for the Respondent:	I Upjohn
Solicitor for the Respondent:	Nunan & Bloom

Date of Hearing:	25 July 2008
Date of Judgment:	25 July 2008