Sims v Suda Ltd

[2017] FCA 348

FEDERAL COURT OF AUSTRALIA

Sims v Suda Ltd [2017] FCA 348

Appeal from:

Sims v Suda Ltd (No 3) [2016] FCCA 3302 (WAD 593 of 2016)

Application for leave to appeal:  Sims v Suda Ltd (No 2) [2016] FCCA 2781 (WAD 525 of 2016)

File number(s):

WAD 525 of 2016
WAD 593 of 2016

Judge(s):

SIOPIS J

Date of judgment:

23 March 2017

Catchwords:

APPEAL – no reasonable prospects of success – appeal dismissed.

Legislation:

Bankruptcy Act 1966 (Cth) s 52(2)(b)

Cases cited:

Sims v Suda Ltd (No 2) [2015] FCA 281

Date of hearing:

23 March 2017

Registry:

Western Australia

Division:

General Division

National Practice Area:

Commercial and Corporations

Sub-area:

General and Personal Insolvency

Category:

Catchwords

Number of paragraphs:

18

Counsel for the Applicant:

The Applicant appeared in person.

Counsel for the Respondent:

Mr NC Ebbs

Solicitor for the Respondent:

Bennett + Co

ORDERS

WAD 525 of 2016

BETWEEN:

DOUGLAS ARTHUR SIMS

Applicant

AND:

SUDA LTD

Respondent

JUDGE:	SIOPIS J
DATE OF ORDER:	23 MARCH 2017

THE COURT ORDERS THAT:

1.The applicant’s application filed on 8 November 2016 is summarily dismissed.

2.The applicant is to pay the respondent’s costs of the application.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

ORDERS

WAD 593 of 2016

BETWEEN:

DOUGLAS ARTHUR SIMS

Appellant

AND:

SUDA LTD

Respondent

JUDGE:	SIOPIS J
DATE OF ORDER:	23 MARCH 2017

THE COURT ORDERS THAT:

1.The appellant’s appeal filed on 22 December 2016 is summarily dismissed.

2.The appellant is to pay the respondent’s costs of the appeal.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

SIOPIS J:

1. There are two matters before the Court today, which was originally listed as a directions hearing.

2. The first matter (WAD 525 of 2016) is an application by Mr Sims, dated 7 November 2016, for leave to appeal against an interlocutory order of the primary judge made on 27 October 2016, refusing to order discovery in a Federal Circuit Court of Australia proceeding to review the decision of a Registrar of that Court to make a sequestration order under the Bankruptcy Act 1966 (Cth), in respect of Mr Sims’ estate.

3. The second matter (WAD 593 of 2016) is an application, dated 21 December 2016, in which Mr Sims nominally seeks leave to appeal from the order of the primary judge on 20 December 2016, dismissing Mr Sims’ application to review the Registrar’s decision to make the sequestration order.  Because the order of the Federal Circuit Court dismissing Mr Sims’ review application was a final order, I have treated this application as an appeal against the orders made by the primary judge on 20 December 2016.

4. The petitioner for the sequestration order was a company, Suda Ltd (Suda).  Mr Sims has had a prior business relationship with Suda and over the years Mr Sims has conducted extensive litigation against Suda.

5. Suda’s petition was founded on an unsatisfied judgment debt for costs…