Commonwealth Bank of Australia v Kourtis,Constantinos & Anor [1998] FCA 507

FEDERAL COURT OF AUSTRALIA BANKRUPTCY - application for sequestration order - whether petition presented in accordance with ss 43(1) and 47 Bankruptcy Act (Cth) 1966 ("the Act")- creditor's petition stapled to applicant's "Affidavit of Truth of Statements in Paragraphs 1, 2, 3 of Creditor's Petition" - whether petition correctly served on respondents - s 52(1)(b) of the Act PRACTICE AND PROCEDURE - filing and presentation of creditor's petition - O 77 r16(2) of Federal Court Rules - whether "accompanied" includes petition physically attached or annexed to affidavit

Bankruptcy Act (Cth) 1966: s 43, s 47, s 52(1)(b) Federal Court Rules: O 77 r16(1), O 77 r16(2) Purden Pty Ltd v Registrar in Bankruptcy (1982) 64 FLR 306 - applied In Re A Debtor [1939] Ch 251 - distinguished COMMONWEALTH BANK OF AUSTRALIA v CONSTANTINOS KOURTIS & ANOR VG 7629 of 1997 GOLDBERG J MELBOURNE 4 MAY 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 7629 of 1997

BETWEEN: COMMONWEALTH BANK OF AUSTRALIA

(acn 123 123 124)

Applicant

AND: CONSTANTINOS KOURTIS

First Respondent

FILIA KOURTIS

Second Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 4 MAY 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. A sequestration order be made against the estate of Constantinos Kourtis and Filia Kourtis. 2. The applicant's costs and incidental to the petition, including reserved costs, be taxed and paid in accordance with the statute. Note: The date of bankruptcy is 18 August 1997 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 VG 7629 of 1997

BETWEEN: COMMONWEALTH BANK OF AUSTRALIA