Re Sarikaya, David; Ex Parte Victorian Workcover [1997] FCA 816

FEDERAL COURT OF AUSTRALIA

CATCHWORDS BANKRUPTCY - bankruptcy petition - judgment debt - order for compensation in proceedings by Accident Compensation Commission against debtor for obtaining property by deception - debtor's application for adjournment to enable an application for adjournment to enable to reopen the conviction - Court's discretion to go behind a judgment - whether final order - whether proven that the compensation ordered was payable to the Accident Compensation Commission Bankruptcy Act 1966 (Cth) s 51(1) Accident Compensation (WorkCover Insurance) Act 1993 (Vic) s 64(1) Sentencing Act 1991 (Vic) s 86(1) Re Verma; Ex Parte Deputy Commissioner of Taxation (1985) 4 FCR 181 Olivieri v Stafford (1989) 91 ALR 91 Ahern v Deputy Commissioner of Taxation (Qld) (1987) 76 ALR 137 Wren v Mahoney (1972) 126 CLR 212 Re Estate of Nashat Gamali; Ex Parte Gamali v The Victorian WorkCover Authority, (Federal Court of Australia, Heerey J, 15 July 1997, unreported)

Re: DAVID SARIKAYA; Ex Parte: VICTORIAN WORKCOVER AUTHORITY VP825 of 1996 MERKEL J MELBOURNE 1 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VP 825 of 1996 ) GENERAL DIVISION )

BETWEEN: DAVID SARIKAYA

Judgment Debtor

AND: VICTORIAN WORKCOVER AUTHORITY

Judgment Creditor

JUDGE: MERKEL J PLACE: MELBOURNE DATED: 1 AUGUST 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The estate of the judgment debtor, David Sarikaya, be sequestrated. 2. The petitioning creditor's costs, including any reserved costs, be taxed and paid in accordance with the Bankruptcy Act 1966. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VP 825 of 1996 ) GENERAL DIVISION )