Von Arnim v Australian Integrated Finance

[2007] FMCA 2125

FEDERAL MAGISTRATES COURT OF AUSTRALIA

VON ARNIM v AUSTRALIAN INTEGRATED FINANCE [2007] FMCA 2125

BANKRUPTCY – No appearance.

Federal Magistrates Court Rules 2001
Federal Magistrates Court (Bankruptcy) Rules 2006

Applicant: ULRICH VON ARNIM

Respondent: AUSTRALIAN INTEGRATED FINANCE (ACN 078 700 044)

File number: SYG 2932 of 2007

Judgment of: Raphael FM

Hearing date: 18 December 2007

Date of last submission: 18 December 2007

Delivered at: Sydney

Delivered on: 18 December 2007

REPRESENTATION

For the Applicant: No appearance

Solicitors for the Respondent: Jones King Lawyers

ORDERS

1. Application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court) Rules 2001.

2. Applicant to pay the Respondents costs to be taxed if not agreed in accordance with the Federal Magistrates Court (Bankruptcy) Rules 2006.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2932 of 2007

ULRICH VON ARNIM

Applicant

And

AUSTRALIAN INTEGRATED FINANCE
(ACN 078 700 044)

Respondent

REASONS FOR JUDGMENT

1. This matter was set down for hearing at 10.15 am today. The applicant debtor was aware of the hearing because he wrote to the court on 14 December by fax a letter regarding some subpoenas.

2. The applicant was not in court at 10.15a.m. and my associate made a telephone call to the telephone number given by him to call but there was no reply. His name was called outside the court at 10.25a.m. and he was not in attendance.

3. In the circumstances I propose to dismiss the application pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court) Rules 2001. I order the Applicant to pay the Respondent’s costs to be taxed if not agreed in accordance with the Federal Magistrates Court (Bankruptcy) Rules 2006.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM

Associate: 

Date: