FEDERAL MAGISTRATES COURT OF AUSTRALIA
| THE OWNERS STRATA PLAN NO 11723 v SINGH & ANOR | [2012] FMCA 308 |
| BANKRUPTCY – Creditor’s petition – extensive litigation in the Local Court and District Court – no grounds established for going behind judgment debt – no grounds of opposition established – sequestration order made. |
| Bankruptcy Act 1966 (Cth), ss.52, 309 Civil Procedure Act 2005 (NSW), s.140 Strata Schemes Management Act 1996 (NSW), ss.80, 80D Strata Schemes Management Regulation 2010 (NSW), reg.15 |
| Olivieri v Stafford and Ors (1981) 91 ALR 91 Rinbac v Owners Corporation Strata Plan 64972 [2010] NSWSC 656 Worchild v Drink Nightclub (Qld) Pty Ltd [2005] FCAFC 240 |
| Applicant: | THE OWNERS STRATA PLAN NO 11723 |
| First Respondent: | JAGJIT SINGH |
| Second Respondent: | SARBJIT KAUR |
| File Number: | SYG 2032 of 2011 |
| Judgment of: | Smith FM |
| Hearing date: | 5 April 2012 |
| Delivered at: | Sydney |
| Delivered on: | 5 April 2012 |
REPRESENTATION
| Counsel for the Applicant: | Mr D Radman |
| Solicitors for the Applicant: | Grace Lawyers |
| Counsel for the Respondents: | First Respondent in person, and on behalf of Second Respondent. |
ORDERS
A sequestration order be made against the estates of Jagjit Singh and Sarbjit Kaur.
The applicant creditor’s costs, including all reserved costs, be taxed and paid from the estate of the respondent debtors in accordance with the Bankruptcy Act 1966 (Cth).
Note that the date of the acts of bankruptcy is 24 August 2011.
Note that a consent to act as trustee has been signed by Terry Grant van der Velde and Paul Desmond Sweeney.
The applicant must give a copy of this order to the Official Receiver within 2 working days.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 2032 of 2011
| THE OWNERS - STRATA PLAN NO 11723 |
Applicant
And
| JAGJIT SINGH |
First Respondent
| SARBJIT KAUR |
Second Respondent
REASONS FOR JUDGMENT
This judgment explains my reasons for making a sequestration order in relation to Mr Singh and his wife, Ms Kaur, on the creditor’s petition of The Owners of Strata Plan Number 11723 (‘the Owners’). Throughout all the proceedings in this Court, and probably in other courts, Ms Kaur has relied on her husband to present her case. She has not appeared today, and her husband sought to represent her.
The court file is now bulky, and evidences a considerable amount of activity which has occurred in other courts in a dispute between the Owners and Mr Singh and Ms Kaur. Regrettably, Mr Singh is a person who has difficulty simplifying his thoughts and presenting them in an intelligible fashion to other people. He has filed a great deal of material relating to his efforts to oppose the Owners’ recovery of outstanding and accruing levies and expenses, and this has been met by detailed material filed by the solicitor for the Owners explaining the background. Doing the best I can to identify the real issues that are raised relevant to the Bankruptcy Act jurisdiction which I am exercising, I have not been able to identify any good ground of opposition nor any good reason…
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- Case
- [2012] FMCA 308
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the acts of bankruptcy alleged by the applicant were substantiated and whether the applicant had satisfied the necessary criteria to warrant a sequestration order. The court had to consider whether the respondents' failure to pay the judgment debt constituted an act of bankruptcy under the Bankruptcy Act 1966 (Cth).
In delivering the judgment, Justice Gilmour determined that the acts of bankruptcy had indeed occurred, as the respondents had failed to comply with the judgment debt. The court found that the applicant had met the requisite burden of proof and had satisfied all procedural requirements. Consequently, the court granted the application for a sequestration order against the estates of Jagjit Singh and Sarbjit Kaur. The court also ordered that the applicant's costs be taxed and paid from the estate of the respondent debtors in accordance with the Bankruptcy Act 1966 (Cth). Additionally, the court noted the date of the acts of bankruptcy as 24 August 2011, and acknowledged the consent to act as trustee signed by Terry Grant van der Velde and Paul Desmond Sweeney. The applicant was directed to provide a copy of the order to the Official Receiver within two working days.
Orders
Orders of the court
1.
A sequestration order be made against the estates of Jagjit Singh and Sarbjit Kaur.
2.
The applicant creditor’s costs, including all reserved costs, be taxed and paid from the estate of the respondent debtors in accordance with the Bankruptcy Act 1966 (Cth).
3.
Note that the date of the acts of bankruptcy is 24 August 2011.
4.
Note that a consent to act as trustee has been signed by Terry Grant van der Velde and Paul Desmond Sweeney.
5.
The applicant must give a copy of this order to the Official Receiver within 2 working days.
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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