Wild v Summit Acceptance Pty Ltd
[2011] FMCA 363
•10 May 2011
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| WILD v SUMMIT ACCEPTANCE PTY LTD | [2011] FMCA 363 |
| BANKRUPTCY – Application for review of a decision made by Registrar – no appearance by applicant. |
| Federal Magistrates Court Rules 2001 Federal Magistrates Court (Bankruptcy) Rules 2006 |
| Applicant: | BRETT ALAN WILD |
| Respondent: | SUMMIT ACCEPTANCE PTY LTD |
| File Number: | SYG 416 of 2011 |
| Judgment of: | Raphael FM |
| Hearing date: | 10 May 2011 |
| Date of Last Submission: | 10 May 2011 |
| Delivered at: | Sydney |
| Delivered on: | 10 May 2011 |
REPRESENTATION
| For the Applicant: | No appearance |
| Solicitors for the Respondent: | David Milne & Associates |
ORDERS
Application dismissed pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.
Applicant to pay the Respondent’s costs assessed in the sum of $500.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 416 of 2011
| BRETT ALAN WILD |
Applicant
And
| SUMMIT ACCEPTANCE PTY LTD |
Respondent
REASONS FOR JUDGMENT
This is an application for review of a decision of a Registrar to dismiss an application to set aside the bankruptcy notice. The applicant had not appeared before the Registrar. There was a considerable body of correspondence in the file about the applicant’s appearances and on 13 April 2011 the application for review was heard before Barnes FM. The applicant did not attend and her Honour dismissed the application pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (the “Rules”).
The applicant then made some further submissions as a result of which it was determined that there would be a rehearing by me of the review application at 10.15a.m. today. The applicant was not in court at 10.15a.m. and he was not in court when his name was called outside at 10.30a.m. nor when I commenced giving this judgment at 10.35a.m. In those circumstances it is appropriate to dismiss the application pursuant to Part 13.03C(1)(c) of the Rules and to order that the applicant shall pay the respondent’s costs of the application, including any reserved costs, such costs to be taxed if not agreed pursuant to the Federal Magistrates Court (Bankruptcy) Rules 2006.
Upon application by the respondent’s solicitor I have determined to assess the costs rather than to order that they be taxed and I assess those costs in the sum of $500.00.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 18 May 2011
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