Re Larkin, G.M.C Ex parte Larkin, G.M.C v Rickards, M

[1993] FCA 205

JUDGMENT No. ........ ........ .. ........ .., 10s I

LIMITED DISTRIBUTION

' IN THE FEDERAL COURT OF AUSTRALIA )

GENERAL DIVISION	)	No. VB 2861 of 1992
BANKRUPTCY DISTRICT OF THE	)
STATE OF VICTORIA	1

RE:  GWENDOLINE MARY CLARK LARKIN

A Bankrupt

EX PARTE:  GWENDOLINE MARY CLARK LARKIN

Applicant

MICHAEL RICKARDS

Respondent

JUDGE :	Gray J.
PLACE :	Melbourne

15 APR 1993

DATE :  24th March 1993

AUSTRALIA PRINCIPAL REGISTRY

EX TEMPORE REASONS FOR JUDGMENT

subsists.

It is clear to me from the evidence that there is nothing new being agitated today. All of the issues that have come to the surface have come to the surface previously. The sequestration order, of which annulment was sought, was based on a final judgment of a Magistrate's Court. That judgment subsisted at the time of the sequestration order and still

It seems to me that the sequestration order was perfectly properly made. I am therefore not satisfied that it ought not to have been made. It follows that I must dismiss the application for annulment.

[After further argument on the questlon of costs:]

I have not glven any judgment in the absence of the
bankrupt. I have heard her and I have declded agalnst her on

the merlts. She wlll not accept the fact that she is on the losing side in this controversy. She has brought people to court, she has lost, and therefore she should pay costs.

The order that I make wlll be as follows:

1.   The application filed on 19th October 1992 by the bankrupt, seeklng annulment of the sequestration order against her, 1s dismissed.

2.   The bankrupt pay the costs of Michael Rlckards of the

appllcation, including reserved costs.

C o u n s e l Tor cnc dppi 1 - c a n t .

1~1t i g a n r I!] p e r s o n

sol^ c l L o r f o r t h e a y . ~ r , l ~ c d n t :

Ccunse.1 f o r r . ! ~ c c s p u n t l e n t . F l r P . U o r n s L e l n

S o l 1 c I L o r s f u r t h e r c s l ) o n d c n r . I!lc:>del K i c k d r d s

Cou~~r;=. l . :oz 'I'rus coo : l i r C C a r r c l l

S o l i c:to1:5	io? Ti-11s LC?.	hus t r a ? 1211	G o v e r n r i c n t
S o l l c1 to,:

T cerL~fy	t l i i : ~ . this	a n d	Lhe
: j r c c e c I ~ n g t;"o	( 3 )	p ? q c s	a r e
- L

. L . - : , coi.>\c of t h e ledso!;s

1.01- ju<Jqn!erii o f h i s h ' o n o ~ i r

: ; 1 ; J U 5 :. l C'C G!:ay