Cavaliere P. v Kinoma Pty Ltd [1995] FCA 631

IN THE FEDERAL COURT OF AUSTRALIA )No QP 330 of 1995 GENERAL DIVISION ) BANKRUPTCY DISTRICT OF ) THE STATE OF QUEENSLAND ) RE: PAUL CAVALIERE Judgment Debtor EX PARTE:KINOMA PTY. LTD. ACN 010 697 980 (Trading as LOY'S ALLROUND ROOFING SERVICES) Judgment Creditor MINUTES OF ORDERS JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 14 August, 1995 WHERE MADE: Brisbane THE COURT ORDERS THAT: 1. A sequestration order be made against the estate of the debtor, Paul Cavaliere. 2. William John Fletcher be appointed trustee of the estate of Paul Cavaliere. 3. The petitioning creditor's costs of and incidental to the debtor's application to set aside bankruptcy notice QN 543 of 1995 and of and incidental to the petition in this matter be taxed and paid in accordance with the Bankruptcy Act 1966 (Cth). NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) No. QP 330 of 1995 GENERAL DIVISION ) BANKRUPTCY DISTRICT OF ) THE STATE OF QUEENSLAND ) RE: PAUL CAVALIERE Judgment Debtor EX PARTE:KINOMA PTY. LTD. ACN 010 697 980 (Trading as LOY'S ALLROUND ROOFING SERVICES) Judgment Creditor CORAM: Drummond J PLACE: Brisbane DATE: 14 August, 1995 REASONS FOR JUDGMENT This is a creditor's petition for a sequestration order based on non-compliance with a bankruptcy notice. The judgment was a default judgment. The debtor, however, made an unsuccessful attempt to set it aside. The debtor's point is that he was never personally indebted to the creditor; the true debtor was his company Cavaliere Constructions Pty. Ltd.. The debtor was until April 1994 registered as a builder under the Queensland Building Services Authority Act 1991 (Qld) ("the Act"). In April of this year an officer of the Queensland Building Services Authority ("the Authority") gave a notice pursuant to the Act to the debtor, Mr. Cavaliere, which in part reads as follows: "TAKE NOTICE that the Queensland Building Services Authority has reason to believe that you may have insufficient financial resources to meet possible liabilities in relation to building work. The Authority has received information from a number of trade contractors which indicates that you may be indebted to those trade contractors to a significant degree. The debts allegedly relate to residential construction work carried out by you over the past 3-4 years. As a result, and subject to receiving your written representations (if any) prior to the date indicated below, the Authority proposes to impose the following condition on your licence, in accordance with Section 36 of the Queensland Building Services Authority Act 1991:- 1. You are not to enter into a contract to carry out building work, submit a tender to carry out building work, or make an offer to carry out building work until you have satisfied the Authority that you have paid all sub-contractors and suppliers monies allegedly owing in relation to the undertaking of residential constructions."