Rasevi Pty Ltd v Udowenko, in the matter of Udowenko

[2002] FCA 1397

FEDERAL COURT OF AUSTRALIA

Rasevi Pty Ltd v Udowenko, in the matter of Udowenko [2002] FCA 1397

IN THE MATTER OF WOLODYMYR UDOWENKO, MICHAEL UDOWENKO & HELEN UDOWENKO

RASEVI PTY LTD v WOLODYMYR UDOWENKO, MICHAEL UDOWENKO & HELEN UDOWENKO

N 7060 of 2002

MOORE J
12 NOVEMBER 2002
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 7060 OF 2002

IN THE MATTER OF WOLODYMYR UDOWENKO, MICHAEL UDOWENKO & HELEN UDOWENKO

BETWEEN:

RASEVI PTY LTD
APPLICANT

AND:

WOLODYMYR UDOWENKO
FIRST RESPONDENT

MICHAEL UDOWENKO
SECOND RESPONDENT

HELEN UDOWENKO
THIRD RESPONDENT

JUDGE:

MOORE J

DATE OF ORDER:

12 NOVEMBER 2002

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The notice of motion is dismissed pursuant to O 10 r 3 of the Federal Court Rules.

2.The respondents pay the applicant’s 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	N 7060 OF 2002

IN THE MATTER OF WOLODYMYR UDOWENKO, MICHAEL UDOWENKO & HELEN UDOWENKO

BETWEEN:

RASEVI PTY LTD
APPLICANT

AND:

WOLODYMYR UDOWENKO
FIRST RESPONDENT

MICHAEL UDOWENKO
SECOND RESPONDENT

HELEN UDOWENKO
THIRD RESPONDENT

JUDGE:	MOORE J
DATE:	12 NOVEMBER 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This notice of motion is an application for the review of a judgment of a Registrar of this Court made on 23 July 2002, making sequestration orders against the estates of Michael and Helen Udowenko.  The petitioning creditor is Rasevi Pty Ltd.  When the matter was last before the court, the Udowenkos were represented by a solicitor who indicated that he would be seeking legal aid so as to be able to act on behalf of Michael and Helen Udowenko.  He had a limited grant of legal aid to appear on that occasion.  He also indicated that he would shortly after the directions hearing, be conferring with the two of them about the matter.  In particular, he indicated that he would discuss with them the seriousness of the matter and whether the issues underlying these proceedings could be resolved on an agreed basis.  The Court has been informed that the solicitor no longer acts for the Udowenkos, as a more general grant of legal aid has been refused.

2. The matter was then stood over for directions to today.  There has been no appearance by or on behalf of either Michael or Helen Udowenko nor has their son Wolodymyr Udowenko sought again to appear on their behalf.  These proceedings arise against a very lengthy background of litigation between the petitioning creditor and the Udowenkos both in this Court and the Supreme Court of New South Wales.  There has also been litigation in this Court between the Udowenkos and a solicitor formerly acting for them.

3. As there has been no appearance on behalf of the applicants, I am prepared in these circumstances to make the orders sought by the petitioning creditor, namely that in default of appearance by the applicants in the notice of motion, the application be dismissed under O 10, r 3 of the Federal Court Rules.  I so order. 

4. Counsel for the petitioning creditor sought the costs of the notice of motion.  I further order that the respondents pay the applicant’s costs. 

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:            12 November 2002

Counsel for the Applicant:	Ms R L Seiden
Solicitor for the Applicant:	Nash Allen Williams & Wotton
There was no appearance by the Respondents.
Solicitor for the Official Trustee in Bankruptcy:	Sally Nash & Co
Date of Hearing:	12 November 2002
Date of Judgment:	12 November 2002