Wakim v McDermott

[2012] FCA 1104

FEDERAL COURT OF AUSTRALIA

Wakim v McDermott [2012] FCA 1104

Citation:		Wakim v McDermott [2012] FCA 1104
Parties:		ELIAS GEORGE WAKIM v JOHN EMMET MCDERMOTT
File number:		NSD 971 of 2012
Judge:		GRIFFITHS J
Date of judgment:		8 October 2012
Date of hearing:	8 October 2012
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	15
Solicitor for the Applicant:	Mr R Ardino of Morgan Ardino & Co
Counsel for the Respondent:	Mr A Spencer
Solicitor for the Respondent:	Ms S Nash of Sally Nash & Co Lawyers

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 971 of 2012

BETWEEN:	ELIAS GEORGE WAKIM Applicant
AND:	JOHN EMMET MCDERMOTT Respondent

JUDGE:	GRIFFITHS J
DATE OF ORDER:	8 OCTOBER 2012
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The applicant’s application for an adjournment of the hearing today is dismissed.

2.The applicant’s application filed on 9 July 2012 to have the bankruptcy notice set aside is dismissed.

3.The applicant is to pay the respondent’s costs including the reserved costs in respect of the hearing on 2 August 2012.

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 971 of 2012

BETWEEN:	ELIAS GEORGE WAKIM Applicant
AND:	JOHN EMMET MCDERMOTT Respondent

JUDGE:	GRIFFITHS J
DATE:	8 OCTOBER 2012
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The matter has come before me today for the hearing of an application which was filed on 9 July 2012 by the applicant, Mr Wakim, to set aside a bankruptcy notice.  Mr Wakim’s application was supported by an affidavit sworn by him, said to be dated 6 July 2010. It is evident that that year is a typographical error and that the affidavit was sworn on 6 July 2012 and was filed on 9 July 2012. 

2. The application was opposed by the respondent who on 20 July 2012 filed a notice stating the grounds of its opposition to the application. 

3. The matter first came before me for directions on 2 August 2012. On that occasion, when Mr Wakim was represented by Counsel, I made the following orders:

   1.The applicant is to file and serve any further evidence on which he intends to rely, including any supplementary affidavit to his affidavit filed 9 July 2012, by 23 August 2012.

   2.The respondent is to file and serve any evidence on which it intends to rely by 7 September 2012.

   3.Any evidence in reply is to be filed and served by 14 September 2012.

   4.The applicant is to file and serve an outline of written submissions by 10 business days before the hearing together with a brief narrative chronology by 24 September 2012.

   5.The respondent is to file and serve a written outline of its submissions by 1 October 2012.

   6.The applicant is to file and serve any written outline of any submissions in reply by no later than 4 October 2012.

   7.The matter is…