Dunn, in the matter of Dunn v Vangsnes [2000] FCA 1051

FEDERAL COURT OF AUSTRALIA Dunn, in the matter of Dunn v Vangsnes [2000] FCA 1051

BANKRUPTCY – creditor's petition – alleged error in order of Supreme Court upon which bankruptcy notice was based – argued by respondent that until issue of error was dealt with conclusively by Supreme Court, there was no debt currently due and payable by him – even assuming there was power to go behind the judgment entered in the Supreme Court, this was not a proper case for the exercise of the power – debt was currently due and owing - solvency proven by respondent - Court nonetheless possesses discretion to make a sequestration order – applicant not able to access asset by process of garnishment, execution or other legal remedy – claim that Supreme Court order was flawed had no realistic prospects of success – matter stood over with intention to make sequestration order, unless parties come to some arrangement beforehand Bankruptcy Act 1966 (Cth) s52(2), 52(2)(a), 52(3) Legal Profession Act 1987 (NSW) Superannuation Industry (Supervision) Regulations 1994 (Cth) regs 6.22, 6.22(1)

Trojan v Corporation of Hindmarsh (1987) 16 FCR 37 applied Re Capel; Ex parte Caram Finance Australia Limited, unreported, Finn J, 9 April 1998 cited IN THE MATTER OF TRYGVE VANGSNES ROBERT DUNN v TRYGVE VANGSNES N 8053 OF 1999 HELY J 27 JULY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 8053 OF 1999

BETWEEN: ROBERT DUNN

APPLICANT

AND: TRYGVE VANGSNES

RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 27 JULY 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The matter be stood over until 9.30 am on 8 August 2000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA