Price v Tsecouras

[2008] FMCA 596

FEDERAL MAGISTRATES COURT OF AUSTRALIA

PRICE v TSECOURAS [2008] FMCA 596

BANKRUPTCY – Creditor’s petition – respondent debtor’s opposition to creditor’s petition – whether debtor’s further attempt to appeal the decision of the Supreme Court likely to succeed – application dismissed – sequestration order made – creditor’s petition granted.

Bankruptcy Act 1966 (Cth), s.52

Tsecouras v Price [2008] FCA 106

Applicant: ANNE PRICE

Respondent: PETER TSECOURAS

File number: SYG 602 of 2008

Judgment of: Lloyd-Jones FM

Hearing date: 6 May 2008

Delivered at: Sydney

Delivered on: 6 May 2008

REPRESENTATION

Solicitors for the Applicant: Mr N Geikie of Hogan Geikie Poole Lawyers

Respondent: The respondent appeared as a self-represented litigant with the assistance of a Greek interpreter

ORDERS

1. I am satisfied that the debtor committed the act of bankruptcy alleged in the petition.

2. I am satisfied with the proof of the other matters required by s.52 of the Bankruptcy Act 1966 (Cth).

3. I make a sequestration order against the estate of Peter Tsecouras.

4. I order the applicant creditor’s costs (including any reserved costs) be taxed (in accordance with the Federal Court Rules (Cth)) and paid from the estate of the respondent debtor in accordance with the Bankruptcy Act 1966 (Cth).

5. Under the Bankruptcy Regulations 1966 (Cth) a copy of this sequestration order be given to the Official Receiver in Sydney within 2 days.

6. The Court notes the date of act of bankruptcy is 3 October 2007.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 602 of 2008

ANNE PRICE

Applicant

And

PETER TSECOURAS

Respondent

REASONS FOR JUDGMENT

Introduction

1. By creditor’s petition, the creditor, Anne Price, seeks a sequestration order against the estate of the debtor, Peter Tsecouras.  Mr Tsecouras, who appeared in person, opposes the making of a sequestration order on the basis that he was entitled to a share of the will of the late Diane Rosemary Keefe as they had been in a de facto relationship for over forty years. However, Mr Tsecouras was not named as a beneficiary in Ms Keefe’s will and Mr Tsecouras was contesting a will seeking recognition of his relationship with Ms Keefe.  Mr Tsecouras had been unsuccessful in this contest before the Supreme Court of New South Wales, the Court of Appeal and a special leave application to the High Court.  The executrix, Ms Price, initiated bankruptcy proceedings to recover costs awarded against Mr Tsecouras.

Litigation history

1. To assist in the understanding of the proceedings before this Court, it is necessary to understand the previous litigation history and I rely upon Tsecouras v Price [2008] FCA 106 per Cowdroy J which was an appeal of a decision of Raphael FM and an earlier challenge to the validity of the bankruptcy notice in this matter. I reproduce from that decision the following paragraphs which clearly state the background in this matter:

   [5] In 2005 Mr Tsecouras instituted proceedings in the Supreme Court of New South Wales under the Family Provision Act 1982 against the estate of the late Diana Rosemary Keefe who…