Price v Assabgy Holdings Pty Ltd
[2008] FMCA 391
•25 March 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| PRICE v ASSABGY HOLDINGS PTY LTD | [2008] FMCA 391 |
| BANKRUPTCY – No appearance by applicant – review application dismissed. |
| Bankruptcy Act 1959 (Cth) Federal Magistrates Court Rules r. 13.03A |
| Applicant: | NICOLA RACHAEL PRICE |
| Respondent: | ASSABGY HOLDINGS PTY LTD |
| File Number: | SYG 3966 of 2007 |
| Judgment of: | Barnes FM |
| Hearing date: | 25 March 2008 |
| Delivered at: | Sydney |
| Delivered on: | 25 March 2008 |
REPRESENTATION
| Applicant: | No appearance |
| Solicitors for the Respondent: | Price and Company |
ORDERS
There being no appearance by the applicant Nicola Rachael Price the application for review filed on 11 March 2008 be dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules.
The creditor's costs of $994.40 be paid from the estate of the bankrupt Nicola Rachael Price.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 3966 of 2007
| NICOLA RACHAEL PRICE |
Applicant
And
| ASSABGY HOLDINGS PTY LTD |
Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
This matter comes before the Court by way of an application for review of a sequestration order made on 19 February 2008 by a Registrar of this Court.
The applicant, Nicola Rachael Price, lodged the application for review on 11 March 2008, returnable on 25 March 2008 at 9.45am before a Registrar of this Court.
I am told by the solicitor for the respondent that there was no appearance by the applicant when the matter came before the Registrar. I am also told that the solicitor for the respondent spoke to the solicitors for the applicant who indicated that they would not be present today.
Nonetheless the matter was called outside the Court. There was no appearance by the applicant at 10.19am. Nor was there any appearance when the matter was called again at 10.43am.
The respondent creditor seeks that the application for review of the sequestration order be dismissed in the absence of appearance by the applicant pursuant to r.13.03A(c) of the Federal Magistrates Court Rules. As the applicant was not present and has not appeared, it is appropriate to dismiss her review application pursuant to r.13.03A(c)
The respondent also seeks the costs of these proceedings pursuant to r.13.01 of the Federal Magistrates Court Bankruptcy Rules. Rule 13.01 provides that a person who is entitled to costs in a proceeding in which the Bankruptcy Act1959 (Cth) applies is entitled to costs in accordance with O.62 of the Federal Court Rules unless the Court otherwise orders. In making an order for costs the Court may fix the amount of costs. Costs were sought on the scale provided in the Second Schedule to the Federal Court Rules.
The solicitor for the respondent provided the Court with a detailed account of the basis on which amounts were sought for preparation, attendance and disbursements and detailed the work that had been carried out in these proceedings. I am satisfied that the applicant should meet the respondent’s costs and that an appropriate amount, including disbursements and GST, is the sum of $994.40. This reflects preparation time, including work carried out in the preparation of three affidavits filed in Court today, searches, dealing with the trustee and the solicitor for the applicant, attendance at Court, disbursements and GST.
I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Barnes FM
Associate:
Date: 28 March 2008
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