Esanda Finance Corp Ltd v Velissaris [1999] FCA 1359

FEDERAL COURT OF AUSTRALIA

Esanda Finance Corp Ltd v Velissaris [1999] FCA 1359

BANKRUPTCY – bankruptcy notice – substituted service of – nature of discretion to order – Bankruptcy Act 1966 (Cth), s 309(2) – discretion to refuse sequestration order – debtor's claim to be able to pay debts.

Bankruptcy Act 1966 (Cth) ss 52(2)(a), 306(1), 309(2)

Re Kwiatek; ex parte Big J Ltd v Pattison (1989) 21 FCR 374 referred to Re Brindle: ex parte FB & FA McMahon Pty Ltd (1992) 35 FCR 506 at 511-2 referred to Ginnane v Diners Club Limited (1993) 42 FCR 90 at 92 applied Re Florance: Ex parte Turimetta Properties Pty Ltd (1979) 28 ALR 403 at 412 referred to

IN THE MATTER OF CONSTANTINOS VELISSARIS

ESANDA FINANCE CORPORATION LIMITED (ACN 004 346 043) v CONSTANTINOS VELISSARIS

V 7375 of 1999

WEINBERG J

1 OCTOBER 1999

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 7375 OF 1999

IN THE MATTER OF CONSTANTINOS VELISSARIS

BETWEEN: ESANDA FINANCE CORPORATION LIMITED

(ACN 004 346 043)

Applicant

AND: CONSTANTINOS VELISSARIS

Respondent

JUDGE: WEINBERG J

DATE OF ORDER: 1 OCTOBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The respondent's motion of 27 September 1999 be dismissed. 2. The costs of the respondent to the motion be part of its costs on the petition. 3. There be a sequestration order against the estate of Constantinos Velissaris. 4. The costs of and incidental to the petition including reserved costs be taxed and paid according to statute. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 7375 OF 1999

IN THE MATTER OF CONSTANTINOS VELISSARIS

BETWEEN: ESANDA FINANCE CORPORATION LIMITED