Samuel Tov-Lev & Ors v John Joseph Lowbeer

[2014] HCASL 166

SAMUEL TOV-LEV & ORS

v

JOHN JOSEPH LOWBEER

[2014] HCASL 166
S79/2014

1. The respondent was the auditor of a company limited by guarantee ("the company") which owned the land and buildings known as the Holocaust and War Memorial Synagogue at Strathfield, New South Wales.  The applicants were the rabbi and members of the congregation of that Synagogue.  

2. On 18 April 2011, the applicants requested the respondent to resign as the company's auditor.  The respondent refused. 

3. On 30 June 2011, the applicants commenced proceedings against the respondent and others in the Supreme Court of New South Wales.  On 24 April 2013, the Supreme Court made a costs order in the respondent's favour.  Following this, the respondent presented a creditor's petition against the applicants in the Federal Circuit Court of Australia.  On 20 December 2013, Judge Driver granted sequestration orders against the estates of each of the applicants. 

4. On 11 March 2014, the Federal Court of Australia (Rares J) dismissed the applicants' appeal against the sequestration order, holding that there was no reason why sequestration orders should not have been made. 

5. The applicants seek special leave to appeal to this Court.  The applicants' draft notice of appeal raises no question of principle.  Further, an appeal to this Court would enjoy insufficient prospects of success to warrant the grant of special leave to appeal.  Special leave should be refused.

6. On 14 August 2014, the applicants filed a summons seeking orders which, in substance, replicate the orders sought in their draft notice of appeal to this Court.  There would be no utility in listing the summons for hearing.  The summons should be dismissed.

7. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave and the summons filed on 14 August 2014. 

S.M. Kiefel
11 September 2014 P.A. Keane