Re Thyssen, Natalie Ex Parte Maniotis, Basil

[1995] FCA 966

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:

1. That the petition be adjourned to 13 December 1995.

1. 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