Phillips v Southage Pty Ltd

FEDERAL COURT OF AUSTRALIA

Phillips v Southage Pty Ltd [2015] FCA 332

Citation:	Phillips v Southage Pty Ltd [2015] FCA 332
Appeal from:	Phillips v Southage Pty Ltd [2015] FCCA 223
Parties:	STEVE PHILLIPS v SOUTHAGE PTY LTD
File number(s):	VID 59 of 2015
Judge(s):	DAVIES J
Date of judgment:	7 April 2015
Catchwords:	BANKRUPTCY – Appeal from decision of Federal Circuit Court to dismiss application for review of orders of a Registrar which dismissed appellant’s application to set aside bankruptcy notice pursuant to s 40(1)(g) of the Bankruptcy Act 1966 (Cth) – no error of law demonstrated – appeal dismissed
Legislation:	Bankruptcy Act 1966 (Cth) s 40(1)(g) Settled Land Act 1958 (Vic) s 12 Property Law Act 1958 (Vic) s 25
Cases cited:	Burrell v Connell (1998) 84 FCR 383 Re O’Sullivan; Ex parte O’Sullivan v Commonwealth Bank of Australia (1995) 57 FCR 145 Lawindi; Re Elkateb v Elkateb (2001) 187 ALR 479; [2001] FCA 1527 Hiralal v Hiralal [2013] NSWSC 984 Baldry v Jackson [1976] NSWLR 19 Bryant v Commonwealth Bank of Australia) [1995] FCA 1687
Date of hearing:	7 April 2015
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	11
Counsel for the Appellant:	The appellant appeared in person
Counsel for the Respondent:	Mr B Velos
Solicitor for the Respondent:	Velos Lawyers

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 59 of 2015

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN:	STEVE PHILLIPS Appellant
AND:	SOUTHAGE PTY LTD Respondent

JUDGE:	DAVIES J
DATE OF ORDER:	7 APRIL 2015
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the respondent’s costs of the appeal.

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 59 of 2015

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN:	STEVE PHILLIPS Appellant
AND:	SOUTHAGE PTY LTD Respondent

JUDGE:	DAVIES J
DATE:	7 APRIL 2015
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

(REVISED FROM THE TRANSCRIPT)

1. The appellant (“Mr Phillips”), who represents himself, has appealed the decision of the Federal Circuit Court (“FCC”) dismissing his application for review of the order of a Registrar of this Court dismissing his application to set aside a bankruptcy notice. The bankruptcy notice was founded on orders for costs made in favour of the respondent against Mr Phillips by the Victorian Court of Appeal, which dismissed Mr Phillip’s application for an extension of time for leave to appeal against orders made by the Supreme Court of Victoria in two separate proceedings. Mr Phillips’ application for special leave to appeal to the High Court from the decision of the Court of Appeal was also dismissed.

2. The grounds upon which Mr Phillips applied to have the bankruptcy notice set aside were that:

   (a)the service of the bankruptcy notice upon him was an abuse of process by reason that it was served…