Kattirtzis, in the matter of Zaravinos v Zaravinos [1999] FCA 1846

FEDERAL COURT OF AUSTRALIA

Kattirtzis, in the matter of Zaravinos v Zaravinos [1999] FCA 1846 BANKRUPTCY - creditor's petition - where service of bankruptcy notice on which petition is based is disputed - whether bankruptcy notice served as alleged in petition - whether act of bankruptcy committed

IN THE MATTER OF GEORGE ZARAVINOS

GEORGE KATTIRTZIS v GEORGE ZARAVINOS N8122 OF 1999 EMMETT J 20 DECEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N8122 OF 1999

IN THE MATTER OF GEORGE ZARAVINOS

BETWEEN: GEORGE KATTIRTZIS

APPLICANT

AND: GEORGE ZARAVINOS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 20 DECEMBER 1999

WHERE MADE: SYDNEY

THE COURT DECLARES THAT:

1. An act of bankruptcy was committed by the debtor on 5 October 1999 as alleged in paragraph 4 of the petition.

THE COURT ORDERS THAT:

2. The matter be referred to a Registrar for determination of the question of whether a sequestration order ought to be made. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N8122 OF 1999

IN THE MATTER OF GEORGE ZARAVINOS

BETWEEN: GEORGE KATTIRTZIS

APPLICANT

AND: GEORGE ZARAVINOS

RESPONDENT

JUDGE: EMMETT J

DATE: 20 DECEMBER 1999

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 On October 11 1999 a creditor's petition was presented to the court on behalf of George Kattirtzis. The debtor is George Zaravinos. The act of bankruptcy relied on in the creditor's petition is the alleged failure by the debtor, on or before 5 October 1999, either to comply with the requirements of the bankruptcy notice served on 11 September 1999 or to satisfy the court that the debtor had a counter claim, set off or cross-demand equal to or exceeding the sum specified in the bankruptcy notice. The bankruptcy notice is founded on a judgment of the District Court entered at Sydney on 7 October 1998. 2 There has been referred to me for determination the question of whether or not the alleged act of bankruptcy was committed. That question itself turns on whether or not a bankruptcy notice was served on the debtor on 11 September 1999.