IN THE FEDERAL COURT OF AUSTRALIA )
BANKRUPTCY DISTRICT IN THE ) VP 666 of 1995
STATE OF VICTORIA )
RE:NATALIE THYSSEN
(Debtor)
EX PARTE:BASIL MANIOTIS, PETER MANIOTIS AND SIXTY-EIGHTH STOWAWAY PTY LTD (ACN 006 389 555)
(Petitioning Creditors)
CORAM: RYAN J
PLACE: MELBOURNE
DATE: 15 NOVEMBER 1995
MINUTES OF ORDER
THE COURT ORDERS:
That the petition be adjourned to 13 December 1995.
That the costs of both parties of this day be reserved.
NOTE:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA )
BANKRUPTCY DISTRICT IN THE ) VP 666 of 1995
STATE OF VICTORIA )
RE:NATALIE THYSSEN
(Debtor)
EX PARTE:BASIL MANIOTIS, PETER MANIOTIS AND SIXTY-EIGHTH STOWAWAY PTY LTD (ACN 006 389 555)
(Petitioning Creditors)
CORAM: RYAN J
PLACE: MELBOURNE
DATE: 15 NOVEMBER 1995
REASONS FOR JUDGMENT
Ryan J: The debt on which the petitioning creditors proceed arises from an order for costs in the sum of $8289.60 made in the Supreme Court of Victoria. There are complicated proceedings still on foot in that Court between Valimi Pty Ltd, a company in which the debtor is a 50 per cent shareholder, and the petitioning creditors. The ruling made by Master Evans on 12 October 1995 contemplates that the matter should return to him for consideration of an application by Valimi Pty Ltd for leave to amend its statement of claim.
I have been told by the debtor from the bar table that counsel has now formulated that application and is in a position to proceed with it. In the circumstances, which include the fact that the debtor apparently has no creditors other than the petitioning creditors, I propose to accede to the application to adjourn the petition. However, I shall do so only for a relatively short time.
I certify that this and the preceding one (1) page are a true copy of the reasons for judgment of his Honour Justice Ryan.
Associate:
Date:
Counsel for the Debtor : N/A
Solicitors for the Debtor : Debtor in person
Counsel for Petitioning
Creditor: Mr J Nolan
Solicitors for Petitioning
Creditor: Home Wilkinson & Lowry
Date of Hearing : 15 November 1995
Date of Judgment : 15 November 1995
- AGLC
- Re Thyssen, Natalie Ex Parte Maniotis, Basil [1995] FCA 966
- Case
- [1995] FCA 966
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to address were primarily focused on the timing and advisability of proceeding with the bankruptcy petition given the complex and ongoing litigation between Valimi Pty Ltd, in which Thyssen is a 50% shareholder, and the petitioning creditors. Master Evans had previously made a ruling on 12 October 1995 that the matter should return to him for consideration of an application by Valimi Pty Ltd for leave to amend its statement of claim. The court needed to decide whether to adjourn the petition to allow for this application to be made.
Justice Ryan decided to adjourn the petition for a relatively short period, acknowledging the ongoing proceedings in the Supreme Court and the fact that Thyssen had no other creditors besides the petitioning creditors. The adjournment was deemed necessary to allow counsel to formulate and proceed with the application by Valimi Pty Ltd. The court also reserved the costs of both parties for further consideration.
The final orders were that the petition be adjourned to 13 December 1995, and that the costs of both parties for that day be reserved. The settlement and entry of orders were governed by Order 36 of the Federal Court Rules.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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