Re Maher, Denis Ex Parte Official Trustee in Bankruptcy [1995] FCA 972

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VN 347 of 1995 ) BANKRUPTCY DIVISION ) RE: DENIS MAHER Judgment Debtor EX PARTE: OFFICIAL TRUSTEE IN BANKRUPTCY Judgment Creditor

CORAM: RYAN J PLACE: MELBOURNE DATE: 03 MAY 1995

MINUTE OF ORDERS THE COURT ORDERS: 1. That the bankruptcy notice be set aside. 2. That the respondent pay the applicant's costs of and incidental to the motion on notice dated 19 April 1995, such costs be taxed in default of agreement. NOTE: Settlement and entry of orders is dealt with in O 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VN 347 of 1995 ) BANKRUPTCY DIVISION ) RE: DENIS MAHER Judgment Debtor EX PARTE: OFFICIAL TRUSTEE IN BANKRUPTCY Judgment Creditor

CORAM: RYAN J PLACE: MELBOURNE DATE: 03 MAY 1995

REASONS FOR JUDGMENT

RYAN J: This is an application to set aside a bankruptcy notice issued on behalf of the official trustee on 22 February 1995. The recital to the bankruptcy notice is in these terms: "WHEREAS the Official Trustee in Bankruptcy of Level 9, 360 Elizabeth Street, Melbourne, Victoria 3000 (hereinafter referred to as "the Judgment Creditor") has claimed that the sum of $16,479.76 is due by you to it under a final order obtained by it against you in the Federal Court of Australia at Melbourne on 21 February 1995, being an order the execution of which has not been stayed."

The order obtained on 21 February 1995 was made by Young R and is in these terms: "WHEREAS: A. On 3 November 1993 the Court ordered that the respondent pay 85% of the applicant's costs of the proceedings; B. The applicant's bill of costs was taxed and a sealed Certificate of Taxation was issued on 5 December 1994 allowing the above costs at $16,479.76 (being 85% of $19,387.96); C. Service of the Certificate of Taxation was effected by the applicant in accordance with the Rules of the Court and after 14 days from the date of service the applicant's taxed costs remained unpaid. THE COURT: pursuant to O 62 r 45(3) of the Federal Court Rules, as read with r 114B of the Bankruptcy Rules, HEREBY ORDERS THAT the respondent pay to the applicant the sum of $16,479.76."