Re Butler, C.G. Ex Parte Vize, L

[1992] FCA 588

JUDGMENT No ... 58s.. J

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT OF

THE STATE OF OUEENSLAND BN No. 703 of 1991

RE: CLIVE GEORGE BUTLER

Debtor

EX PARTE: LAUREL VIZE

Creditor

MINUTES OF ORDER

JUDGE W I N G ORDER:	Cooper J.
WHERE MADE:	Brisbane
DATE
--	27 July, 1992
RIB COURT ORDERS THAT:

The application to set aside the bankruptcy notice be dismissed and I order that the applicant pay the respondent's costs of and incidental to the application, including any reserved costs, to be taxed.

IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF

THE STATE OF OUEENSLAND BN No. 703 of 1991

RE: CLIVE GEORGE BUTLER

Debtor

EX PARTE: LAUREL VIZE

Creditor

Coram :	Cooper J.
Place:	Brisbane
Date:	27 July, 1992
EX TEMPORE RWSONS FOR JUDGMENT

On 3 April, 1992 Clive George Butler made application to the Court to set aside a bankruptcy notice which had been served upon him. The application was originally returned before the Court on 24 April, 1992 and subsequently referred to a Judge of the Court by the Registrar.

On 12 June, 1992 notice of listing was sent by

ordinary pre-paid mail to the applicant's address at 3/19

matter would be heard today at 2.15 o'clock in the afternoon.	Tombarra Street, Mooloolaba advising the applicant that the
The address at Tombarra Street is the address for service given by the applicant. The notification given by the court was not returned as unclaimed at that address.
In an affidavit filed by leave today Mrs. Mary Anne Hill exhibits, amongst other things, copies of correspondence sent to the applicant at the Tombarra Street address,

2 .   l

referring to today as the return date and hearing date of the application. She deposes in her material that the substantial material forwarded by her by pre-paid ordinary post has not been returned.

At 2.15 p.m. the applicant did not appear in this Court. Inquiries were made in the registry in the Court, on level 27 of the MLC complex, and, on level 8 of this building. The applicant was not present at any of those places. The applicant was called by the Court Officer and did not appear.

In the circumstances the respondent seeks the dismissal of the application and an order for costs.

I am satisfied on the material that the applicant has had notice of today's application and has not attended to prosecute his application. I am satisfied that I have power under Section 30(l)(b) of the Bankruptcv Act to make an order dismissing the application, for its non-prosecution, and also awarding costs against the applicant.

Accordingly, I order that the application to set aside the bankruptcy notice be dismissed and I order that the applicant pay the respondent's costs of and incidental to the application, including any reserved costs, to be taxed.

I certify that this and the preceding page

are a true copy of the reasons for

judgment herein of the Honourable Mr.	I	;	.- .
Justice Cooper.

Solicitor for Judgment Creditor/

Respondent:	Lees Marshal1 & Warnick
No appearance for Debtor.