In the Matter of Douglas Dragan Jovanovic; Govedarica, Slavko & Anor v Jovanovic, Douglas Dragan [1998] FCA 463

FEDERAL COURT OF AUSTRALIA BANKRUPTCY - application for sequestration order - act of bankruptcy committed - whether discretion under s 52(2)(b) of the Bankruptcy Act 1966 should be exercised not to make sequestration order - factors relevant to the exercise of that discretion - whether s 41(7) of Bankruptcy Act 1966 fetters that discretion - debtor commenced proceedings against petitioner for an amount exceeding debt giving rise to bankruptcy notice - consideration of likelihood of success of action - whether action would be maintained by estate if sequestration order made - effect of sequestration order on that action - whether appropriate to dismiss or adjourn application. Bankruptcy Act 1966 (Cth) s 41(7) and s 52(2)(b) Cain v Whyte (1933) 48 CLR 639, considered Re Schmidt; Ex parte Anglewood Pty Ltd (1968) 13 FLR 111, considered and applied Re James, ex parte Carter Holt Harvey Roofing (Australia) Pty Ltd (No 2) (1994) 51 FCR 14, considered and applied Re Willats, ex parte Nissan Finance Corporation Ltd (1991) 31 FCR 206, distinguished In the matter of DOUGLAS DRAGAN JOVANOVIC SLAVKO GOVEDARICA and MILORAD GOVEDARICA v DOUGLAS DRAGAN JOVANOVIC SG 7285 of 1997 MANSFIELD J ADELAIDE 4 MAY 1998

IN THE FEDERAL COURT OF AUSTRALIA

south australia DISTRICT REGISTRY SG 7285 of 1997

In the matter of douglas dragan jovanovic

BETWEEN: slavko govedarica

and

milorad govedarica

Applicants

AND: douglas dragan jovanovic

Respondent

JUDGE: MANSFIELD J

DATE OF ORDER: 4 MAY 1998

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. Application adjourned to 9.00 am on Friday 29 May 1998. 2. Liberty to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA