Re Deputy Commissioner of Taxation v. Ex parte Zavros, A. & Anor [1987] FCA 359

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

) ) EXERCISING FEDERAL JURISDICTION ) No. P 1185 of 1986 ) )

IN BANKRUPTCY BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA

RE: ANDREAS ZAVROS and MARIA ZAVROS

Judgment Debtors

EX PARTE: DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

Petitioning Creditor

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DATE: 29 APRIL 1987 ar

PLACE: MELBOURNE " / r FED! COURT gy! \, ACSIA vw \r ok ft mG EX TEMPORE REASONS FOR JUDGMENT NZ eh role

This is the return of a petition in which the

petitioning creditor, Deputy Commissioner of Taxation of the Commonwealth of Australia, is seeking a sequestration order against Andreas Zavros and Maria Zavros who carry on business making and selling trailers under the name of Europe Trailers. The petition is based upon a judgment debt which was obtained in 1984 in the order of $11,000 being sales tax. In the petition there are other debts claimed showing a total

amount owing of some $98,000 including the judgment debt.

The original return date of the petition was on 10 February 1987 and on that occasion, by agreement, the hearing of the petition was adjourned until 23 March 1987. On that occasion

the matter was adjourned until yesterday and then yesterday

to today.

The male debtor has filed substantial affidavits in support of the application for a further adjournment. The petitioning creditor has opposed the adjournment. Counsel

for the debtors has sought an adjournment to 14 July 1987.

From a consideration of all the evidence, and I should note that the male debtor was cross-examined at length, certain facts can be found. I should indicate that the debtor, Andreas Zavros, has some difficulty with the English language. To some extent, it appears he has been getting advice which has not always been as good as it ought to have been and I exclude from that his present solicitors and counsel, but refer specifically to a partnership called Commercial Advocates R.D. Foley and Company. In addition, they appear to have had problems with their accountants, but