Weston (Trustee) v Sanna (No 5)

FEDERAL COURT OF AUSTRALIA

Weston (Trustee) v Sanna (No 5) [2021] FCA 572

File number:	NSD 276 of 2016
Judgment of:	MARKOVIC J
Date of judgment:	25 May 2021
Catchwords:	PRACTICE AND PROCEDURE – application to stay the sale of property by the trustee of the bankrupt estate of the seventh respondent – where seventh respondent contends that new evidence demonstrates that findings made in a previous judgment of the Court are incorrect – where material relied upon by seventh respondent is not new and is addressed in the previous judgment – application dismissed
Legislation:	Bankruptcy Act 1966 (Cth)
Cases cited:	Weston (Trustee) v Sanna [2019] FCA 32
Division:	General Division
Registry:	New South Wales
National Practice Area:	Commercial and Corporations
Sub-area:	General and Personal Insolvency
Number of paragraphs:	14
Date of hearing:	25 May 2021
Counsel for the Applicant:	Mr A Spencer
Solicitor for the Applicant:	Dentons Australia
Counsel for the First Respondent:	The First Respondent appeared in person
Counsel for the Seventh Respondent:	The Seventh Respondent appeared in person with a McKenzie friend, Ms M Gattellari
Solicitor for the Tenth Respondent:	Mr G Adelstein of Adelstein Solicitors
Solicitor for the Eleventh Respondent:	Mr A Hack of Matthews Folbigg Lawyers

ORDERS

NSD 276 of 2016

BETWEEN:

MR PAUL GERARD WESTON AS TRUSTEE OF THE BANKRUPT ESTATE OF LEPA SANNA

Applicant

AND:

CORRADO SANNA

First Respondent

BORAL CONSTRUCTION MATERIALS GROUP LTD

Second Respondent

E & B PASTORAL PTY LTD (and others named in the Schedule)

Third Respondent

ORDER MADE BY:	MARKOVIC J
DATE OF ORDER:	25 MAY 2021

THE COURT ORDERS THAT:

1.The seventh respondent’s interlocutory application filed on 24 May 2021 is dismissed.

2.The seventh respondent pay the applicant’s and the first, tenth and eleventh respondents’ costs of the application.

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

REASONS FOR JUDGMENT
(REVISED FROM TRANSCRIPT)

MARKOVIC J:

1. This is an application brought by Lepa Sanna, on an urgent basis, in effect seeking a stay of the sale of a property situated at 33 Circulo Drive, Copacabana, New South Wales (Copacabana ‍Property) which is scheduled to be offered for sale by auction tomorrow 26 ‍May 2021.  Ms Sanna moves on an interlocutory application filed on 24 May 2021 (Application).  The Application comprises 17 paragraphs.  It is discursive in nature.  By that description I mean no disrespect to Ms Sanna who acts for herself and has done the best that she can.  However, in part it comprises submissions.  Relevantly, at paragraphs 1 and 2 of the Application, Ms Sanna says (as written):

   (1)Based on new evidence that has only recently been received in relation to the previous Writ of Possession and subsequent sale of the property at 33 ‍Circulo ‍Drive, (“Copacabana”) in 2012 that a urgent stay be granted for the current auction taking place of Copacabana on 26^th May 2021 until this application is heard and determined;

   (2)A further Order that the sale of the Copacabana property…