The Distribution Group Ltd t/as Lawrence & Hanson v Lydan, Jeffrey Michael & Anor [1997] FCA 899

FEDERAL COURT OF AUSTRALIA

BANKRUPTCY - amendments to Bankruptcy Act and Regulations between 16 December 1996 and 14 April 1997 - construction and application of Reg 4.02 - bankruptcy notice based on a final judgment or final order - absence of order for taxed costs - no legal obligation of debtor/bankrupt to pay costs of issuing bankruptcy notice - fee is not a debt unless by Court order - leave granted to amend amount of judgment debt. Bankruptcy Act 1966 Bankruptcy Regulations SR No 263 of 1996 Federal Court of Australia Act 1976, s 35A(7) Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 Re Grujin; Ex parte Tesselaar Nominees Pty Ltd (Federal Court of Australia, Marshall J, 28 May 1997, unreported) THE DISTRIBUTION GROUP LIMITED (ACN 000 091 930) trading as LAWRENCE & HANSON v JEFFREY MICHAEL LYDAN and ROBERT ERNEST BIRRELL VG 7432 OF 1997 NORTHROP ACJ MELBOURNE 5 SEPTEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 7432 of 1997

IN THE MATTER OF:

JEFFREY MICHAEL LYDAN and ROBERT ERNEST BIRRELL

debtors

THE DISTRIBUTION GROUP LIMITED (ACN 000 091 930) trading as LAWRENCE & HANSON

APPLICANT

AND: JEFFREY MICHAEL LYDAN and ROBERT ERNEST BIRRELL

RESPONDENTs

COURT: NORTHROP ACJ

PLACE: MELBOURNE

DATE: 5 SEPTEMBER 1997

MINUTES OF ORDERS

THE COURT ORDERS THAT: 1. A Sequestration order be made against the estate of Jeffrey Michael Lydan and Robert Ernest Birrell. 2. The Applicant's costs including reserved costs but excluding costs reserved by the order made on 19 August 1997, be taxed and paid according to the Bankruptcy Act. Note: The respondent Jeffrey Michael Lydan committed the act of bankruptcy on 31 March 1997 and Robert Ernest Birrell committed the act of bankruptcy on 19 March 1997. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.