Nikolic v MGICA Ltd [1999] FCA 849

FEDERAL COURT OF AUSTRALIA

Nikolic v MGICA Ltd [1999] FCA 849

PRACTICE AND PROCEDURE – s 78B Judiciary Act – matter arising under the Constitution or involving its interpretation – contention as to invalidity of Constitution – not matter arising under or involving its interpretation – contention which is frivolous, vexatious or abuse of process – not "matter" – creditors petition – sequestration order – opposition based on invalidity of Constitution – whether Registrar required not to proceed pending issue of notices under s 78B – motion to set aside sequestration order – motion dismissed. Judiciary Act 1903 s 78B

Commonwealth of Australia Constitution Act 1900 Statute Law (Miscellaneous Provisions) (No 2) Act 1983 State Bank of New South Wales v Commonwealth Bank (1986) 66 ALR 129 cited James v South Australia (1927) 40 CLR 1 cited Australian Securities and Investments Commission v White (unrep. Fed Court, 16/7/98, Drummond J) cited ANITA NIKOLIC and SASHA ALEXANDER NIKOLIC v MGICA LIMITED ACN 000 488 362 WG 7095 of 1998 FRENCH J 23 JUNE 1999 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG7095 OF 1998

IN THE MATTER OF ANITA NIKOLIC and SASHA ALEXANDER NIKOLIC

BETWEEN: ANITA NIKOLIC

First Applicant

SASHA ALEXANDER NIKOLIC

Second Applicant

AND: MGICA LIMITED ACN 000 488 362

Respondent

JUDGE: FRENCH J

DATE OF ORDER: 23 JUNE 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The Applicants' motion is dismissed. 2. The Applicants are to pay the Respondent's costs of the motion which may be recovered out of the bankrupt estate. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG7095 OF 1998