Tov-Lev v Lowbeer (No 4)

[2014] FCA 797

FEDERAL COURT OF AUSTRALIA

Tov-Lev v Lowbeer (No 4) [2014] FCA 797

Citation:	Tov-Lev v Lowbeer (No 4) [2014] FCA 797
Parties:	RABBI DR SAMUEL TOV-LEV, DAVID CLIFFE and JOSEPH DE VARDA v JOHN JOSEPH LOWBEER
File number:	NSD 84 of 2014
Judge:	NICHOLAS J
Date of judgment:	30 July 2014
Legislation:	Bankruptcy Act 1966 (Cth) ss 179, 181, 181A
Cases cited:	Lowbeer v Tov-Lev [2013] FCCA 1813 Tov-Lev v Lowbeer (No 2) [2014] FCA 379 Tov-Lev v Lowbeer (No 3) [2014] FCA 699 Jago v District Court (NSW) (1989) 168 CLR 23
Date of hearing:	30 July 2014
Date of publication of reasons:	31 July 2014
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	24
Counsel for the Applicants:	The applicants appeared in person
Counsel for the Respondent:	Mr G M McGrath
Solicitor for the Respondent:	Austin Legal
Counsel for the Trustee in Bankruptcy:	Mr B Skinner
Solicitor for the Trustee in Bankruptcy:	Gadens

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 84 of 2014

BETWEEN:

RABBI DR SAMUEL TOV-LEV
First Applicant

DAVID CLIFFE
Second Applicant

JOSEPH DE VARDA
Third Applicant

AND:

JOHN JOSEPH LOWBEER
Respondent

JUDGE:	NICHOLAS J
DATE OF ORDER:	30 JULY 2014
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The balance of the interlocutory application filed 30 May 2014 (consisting of paragraphs 2-7 thereof) is dismissed.

2.The applicants pay the respondent’s costs. 

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 84 of 2014

BETWEEN:

RABBI DR SAMUEL TOV-LEV
First Applicant

DAVID CLIFFE
Second Applicant

JOSEPH DE VARDA
Third Applicant

AND:

JOHN JOSEPH LOWBEER
Respondent

JUDGE:	NICHOLAS J
DATE:	31 JULY 2014
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In June 2011, the applicants commenced proceedings in the Supreme Court of New South Wales in relation to a dispute concerning the affairs of Strathfield and District Hebrew Congregation (SDHC).  The defendants named in those proceedings were the directors, or at least former directors, of SDHC and the respondent, Mr Lowbeer. 

2. The applicants had no success in the Supreme Court.  Various costs orders were made against them in favour of SDHC and Mr Lowbeer.  On 23 April 2013, Mr Lowbeer’s costs were assessed at $48,212.62.

3. Mr Lowbeer applied for a bankruptcy notice which was issued and served on the applicants in May 2013.  An application made by the applicants to have the bankruptcy notice set aside or to extend the time for compliance was refused by Judge Raphael of the Federal Circuit Court.

4. On 20 December 2013, Judge Driver of the Federal Circuit Court made sequestration orders against the applicants’ estates.  His Honour stayed the sequestration orders for a period of 21 days: see Lowbeer v Tov-Lev [2013] FCCA 1813.

5. The applicants appealed Judge Driver’s orders of 20 December 2013.  On 5 February 2014, in aid of their appeal, the applicants obtained a further stay…