ZANE v The OWNERS - Strata Plan No 83732

[2015] FCCA 1458

FEDERAL CIRCUIT COURT OF AUSTRALIA

ZANE v THE OWNERS – STRATA PLAN NO 83732 & ANOR [2015] FCCA 1458

Catchwords:
BANKRUPTCY – Application for review of registrar’s decision – application dismissed.

Legislation:  

Bankruptcy Act 1966 ss.27, 52
Federal Circuit Court (Bankruptcy) Rules 2006 rr.2.03, 4.06, 7.06

Applicant: GABRIEL ZANE

Respondent: THE OWNERS – STRATA PLAN NO 83732

Trustee: MAXWELL WILLIAM PRENTICE

File Number: SYG 3303 of 2014

Judgment of: Judge Street

Hearing date: 28 May 2015

Date of Last Submission: 28 May 2015

Delivered at: Sydney

Delivered on: 28 May 2015

REPRESENTATION

Solicitors for the Applicant: Mr T. Bors
David Le Page Solicitor Pty Limited

Solicitors for the Trustee: Ms S. Nash
Sally Nash & Co

There was no appearance by the respondent.

ORDERS

1. The application for review be dismissed.

2. The petitioning creditors costs of the application for review be treated as costs within s.109(1)(a) of the Bankruptcy Act 1966 to be paid in priority out of the estate of the bankrupt, fixed in the amount of $760.

3. The trustee’s costs of the application for review be paid out of the estate.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 3303 of 2014

GABRIEL ZANE

Applicant

And

THE OWNERS – STRATA PLAN NO 83732

Respondent

MAXWELL WILLIAM PRENTICE

Trustee

REASONS FOR JUDGMENT

1. This is an application within the Court’s jurisdiction under s.27 of the Bankruptcy Act 1966.  The applicant sought a review of the decision of the registrar under bankruptcy of the Federal Circuit Court (Bankruptcy) Rules 2006 r.7.06. Under r.2.03 of the Federal Circuit Court Rules, the Court must conduct a review of an exercise of the delegated power to the registrar.

2. The Court has before it the affidavits that were before the registrar.  I am satisfied that the applicant committed an act of bankruptcy on 28 October 2014.  I am satisfied that the applicant was personally present and a resident in Australia at the time of act of bankruptcy.  I am satisfied that the petitioning creditor has proved the matters stated in the petition and has proved the fact that the debt on which the petition creditor relies is still owing.  I am satisfied the petition complies with the statutory requirements.

3. I am not satisfied the applicant is able to pay his debts. I am satisfied that the applicant is unable to pay his debts as they fall due and is insolvent. I am not satisfied of any other sufficient cause whereby the sequestration order ought not to be made and I note there were affidavits filed in accordance with rr.4.06(3) and 4.06(4) in support of a sequestration order. I am satisfied that the petitioning creditor proved the matters required under s.52(1) of the Bankruptcy Act and I am satisfied the petitioning creditor is entitled to the sequestration order.  The application for review is dismissed.

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

Associate: 

Date:  3 June 2015