Equuscorp Pty Ltd v Chang [1999] FCA 607

FEDERAL COURT OF AUSTRALIA

Equuscorp Pty Ltd v Chang [1999] FCA 607

EQUUSCORP PTY LTD v PAUL MENG CHANG VG 7047 OF 1998 NORTH J 12 APRIL 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 7047 OF 1998

BETWEEN: EQUUSCORP PTY LTD

Applicant

AND: MENG CHANG

Respondent

JUDGE: NORTH J

DATE OF ORDER: 12 APRIL 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Leave to the applicant to amend the creditors' petition as follows: (a) in the heading the name of the respondent, where it appears, be amended by adding the words "(also known as Paul Meng Chang)"; (b) in paragraph 1 by deleting all words after the words "the respondent debtor owes the applicant creditor the amount of" and inserting in place thereof the words "$25,056.74 for moneys due and owing under a loan agreement dated 27 July 1990 (the loan agreement)"; (c) in paragraph 2 by deleting the whole of that paragraph and inserting in place thereof the words, "The applicant creditor holds security over the property of the respondent debtor to the value of nought dollars and consisting of the charged property referred to in the loan agreement and is willing to surrender this security for the benefit of creditors generally if a sequestration order is made against the respondent debtor." 2. Re-verification and re-service of the creditor's petition as amended is dispensed with. 3. The cross-claim filed by the respondent on 14 January 1999, insofar as it applies to the applicant, be treated as a Notice of Intention to oppose the petition under Order 77 rule 11(2). 4. The respondent is to file and serve any affidavit in support of the grounds of opposition to the petition by 4:00 pm on 3 May 1999. 5. The applicant is to file and serve any affidavits in opposition to the affidavits filed by the respondent by 4:00 pm on 17 May 1999. 6. The application is adjourned until 10:15 am on 7 June 1999 before the duty judge taking the bankruptcy list on that day. 7. The hearing of the application on 7 June 1999 is to be conducted by video link with the respondent in Sydney, subject to any other order or direction made by the judge hearing the application. 8. Costs reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.