Smith v Munro

[2016] FCCA 3429

FEDERAL CIRCUIT COURT OF AUSTRALIA

SMITH v MUNRO [2016] FCCA 3429

Catchwords:

BANKRUPTCY – Bankruptcy notice – review of decision – application dismissed – creditor’s costs be taxed and paid from the estate of the Respondent debtor.

Legislation:

Bankruptcy Act 1966 (Cth)

Applicant: NEVILLE REGINALD SMITH

Respondent: DAVID ALEXANDER MUNRO

File Number: BRG 1162 of 2015

Judgment of: Judge Vasta

Hearing date: 4 April 2016

Date of Last Submission: 4 April 2016

Delivered at: Brisbane

Delivered on: 4 April 2016

REPRESENTATION

The Applicant appearing on his own behalf.

Solicitors for the Respondent: MAHONEY LAWYERS

ORDERS

1. That the Application be dismissed.

2. That the creditor’s costs be taxed and paid from the estate of the Respondent debtor in accordance with the Bankruptcy Act 1966.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRG 1162 of 2015

NEVILLE REGINALD SMITH

Applicant

And

DAVID ALEXANDER MUNRO

Respondent

REASONS FOR JUDGMENT

(Ex tempore)

1. As I say, I am satisfied of all those matters under s.52 of the Bankruptcy Act 1966 (Cth), and I therefore affirm the order made by Registrar Belcher on 3 February 2016.

I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of Judge Vasta

Date: 16 January 2017