FEDERAL CIRCUIT COURT OF AUSTRALIA
| SAVESKI v VELIK | [2013] FCCA 712 |
| Catchwords: BANKRUPTCY – Application to set aside bankruptcy notice – whether further adjournment warranted – whether court should go behind judgment or order made on registration of a certificate of determination of costs under the Legal Profession Act 2004 (NSW) – service of the bankruptcy notice. |
| Legislation: Bankruptcy Act 1966 (Cth), ss.40, 41 |
| Byron v Southern Star Group Pty Ltd (1997) 73 FCR 264; [1997] FCA 151 Oliveri v Stafford and Others (1989) 24 FCR 413; [1989] FCA 486 Re Bedford; Ex parte H C Sleigh (Qld) Pty Ltd (1967) 9 FLR 497; [1967] QWN 17 |
| Applicant: | GOCE SAVESKI |
| Respondent: | STEPHEN WAYNE VELIK |
| File Number: | SYG 607 of 2012 |
| Judgment of: | Judge Barnes |
| Hearing date: | 5 June 2013 |
| Date of Last Submission: | 5 June 2013 |
| Delivered at: | Sydney |
| Delivered on: | 5 June 2013 |
REPRESENTATION
| Applicant: | In person |
| Solicitors for the Respondent: | SV Law |
ORDERS
The application to set aside Bankruptcy Notice BN1365 issued 6 March 2012 filed on 23 March 2012 be dismissed.
The Applicant pay the costs of the Respondent as agreed and in the absence of agreement taxed in accordance with the Federal Court Rules.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYG 607 of 2012
| GOCE SAVESKI |
Applicant
And
| STEPHEN WAYNE VELIK |
Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
This is an application filed by Mr Goce Saveski on 23 March 2012 to set aside Bankruptcy Notice BN1365 issued on 6 March 2012 on the application of Stephen Wayne Velik trading as SV Law. The bankruptcy notice named the debtors as “Mrs Ruza Saveska” and “Mr George Saveski”. The Applicant does not dispute that he is one of the persons named in the Bankruptcy Notice.
The Bankruptcy Notice was based on a judgment or order (a copy of which was annexed to the Bankruptcy Notice) issued by the Local Court of New South Wales on 22 March 2011. It named Mrs Saveska and George Saveski as “defendants” who were liable to pay Stephen Wayne Velik, trading as SV Law, $26,336.96 and referred to a costs assessment registered at the Local Court.
In his application to set aside the Bankruptcy Notice Mr Saveski acknowledged that the Notice was “served/arrived in post 8/3/2012”.…
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- SAVESKI v VELIK [2013] FCCA 712
- Case
- [2013] FCCA 712
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the bankruptcy notice should be set aside. This notice was founded upon a judgment from the Local Court of New South Wales dated 22 March 2011, which ordered Mrs Saveska and George Saveski to pay Stephen Wayne Velik $26,336.96, plus assessed costs. Mr Saveski had acknowledged receiving the bankruptcy notice on 8 March 2012 and also sought a stay of bankruptcy proceedings, citing ongoing litigation in the Supreme Court to set aside the underlying judgment.
The court dismissed Mr Saveski's application to set aside the bankruptcy notice. The reasoning, though not fully detailed in the provided text, indicates that the applicant's grounds for setting aside the notice were not sufficiently established. Consequently, the court ordered that the applicant pay the respondent's costs.
Orders
Orders of the court
1.
The application to set aside Bankruptcy Notice BN1365 issued 6 March 2012 filed on 23 March 2012 be dismissed.
2.
The Applicant pay the costs of the Respondent as agreed and in the absence of agreement taxed in accordance with the Federal Court Rules.
FEDERAL CIRCUIT COURT OF AUSTRALIA
AT SYDNEY
SYG 607 of 2012
GOCE SAVESKI
Applicant
And
STEPHEN WAYNE VELIK
Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
1.
This is an application filed by Mr Goce Saveski on 23 March 2012 to set aside Bankruptcy Notice BN1365 issued on 6 March 2012 on the application of Stephen Wayne Velik trading as SV Law. The bankruptcy notice named the debtors as “Mrs Ruza Saveska” and “Mr George Saveski”. The Applicant does not dispute that he is one of the persons named in the Bankruptcy Notice.
2.
The Bankruptcy Notice was based on a judgment or order (a copy of which was annexed to the Bankruptcy Notice) issued by the Local Court of New South Wales on 22 March 2011. It named Mrs Saveska and George Saveski as “defendants” who were liable to pay Stephen Wayne Velik, trading as SV Law, $26,336.96 and referred to a costs assessment registered at the Local Court.
3.
In his application to set aside the Bankruptcy Notice Mr Saveski acknowledged that the Notice was “served/arrived in post 8/3/2012”. He also sought a “stay” of bankruptcy proceedings on the basis of proceedings in the Supreme Court “to set aside judgement (sic)”.
4.
Mr Saveski’s accompanying affidavit is brief in the extreme. Under r.3.02(1)(b)(i) of the
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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