Re Lymberopoulos, John Ex Parte James Smith Pty Ltd [1983] FCA 32

CATCHWORDS

Bankruptcy - Costs - Creditor's Petition ~- Notice of Opposition - Lapse of Petition - Whether Court thereafter cmpowered to award

costs to Petitioning Creditor.

BANKRUPTCY ACT 1966 s.30(1), s.32, s.52(4).

Re: JOHN LYMBEROPOULOS Ex parte: JAMES SMITH PTY. LTD.

Fisher J. Adelaide.

11 March 1983

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IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY No. 1001 of 1981

BANKRUPTCY DISTRICT OF THE-

) ) GENERAL DIVISION ) ) ) ) )

STATE OF SOUTH AUSTRALIA

Re JOHN LYMBEROPOULOS

Judgment Debtor

Ex Parte: JAMES SMITH PTY. LTD.

Judgment Creditor

FISHER J. 11 March 1983 REASONS FOR DECISION The only matter for determination in these proceedings is the question of the costs sought by James Smith Pty. Ltd. (the "petitioning creditor"). As the only significant ground upon which counsel for Mr. John Lymberopoulos ("the debtor") opposed the making of an order is

a question of law, there is no need for me to relate in any detail the circumstances in which it arises. Stated shortly, the point has been taken by counsel for the debtor that this Court has no jurisdiction

to make any order in relation to the costs of proceedings

subsequent to the lapse of the creditor's petition.

On 9 December 1981 the petitioning creditor presented to the Court of Insolvency of the State of South Australia, the Court at that - time and until February 1982 exercising Federal Jurisdiction in Bankruptcy, a-creditor's petition seeking a sequestration order against

the estate of the debtor. That petition, being in the form provided by

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY No. 1001 of 1981

BANKRUPTCY DISTRICT OF THE

) ) ) } GENERAL DIVISION ) ) ) ) STATE OF SONTH AUSTRALIA )

Re: JOHN LYMBEROPOULOS

Judgment Debtor

Ex Parte: JAMES SMITH PTY. LTD.

Judgment Creditor

ORDER:

eo

JUDGE MAKING ORDER Fisher J. WHERE MADE ; Adelaide