Tsekouras v Evagelinidis [2000] FCA 1153

FEDERAL COURT OF AUSTRALIA

Tsekouros v Evangelinidis [2000] FCA 1153 BANKRUPTCY – application to set aside sequestration order – claim alleged against creditor – claim to set off amounts owed by creditor – no liability in creditor to appellant. Bankruptcy Act 1966 (Cth): s 52(2)(b) CON TSEKOUROS v VIVIECA EVANGELINIDIS N 651 of 2000 GRAY, MERKEL & GOLDBERG JJ 15 AUGUST 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 651 of 2000

ON APPEAL FROM A JUDGMENT OF A SINGLE JUDGE OF THE COURT, JUSTICE HELY

BETWEEN: CON TSEKOUROS

Appellant

AND: VIVIECA EVANGELINIDIS

Respondent

JUDGE: GRAY, MERKEL & GOLDBERG JJ

DATE OF ORDER: 15 AUGUST 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The respondent's costs of the appeal be taxed and paid out of the estate of the bankrupt as costs of the petitioning creditor in accordance with the provisions of the Bankruptcy Act 1966 (Cth). 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 N 651 of 2000

ON APPEAL FROM A JUDGMENT OF A SINGLE JUDGE OF THE COURT, JUSTICE HELY

BETWEEN: CON TSEKOUROS

Appellant

AND: VIVIECA EVANGELINIDIS

Respondent

JUDGE: GRAY, MERKEL & GOLDBERG JJ

DATE: 15 AUGUST 2000

PLACE: SYDNEY

REASONS FOR JUDGMENT

GRAY J:

1 I would also order that the appeal be dismissed and I agree with the reasons that have been stated by Goldberg J.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Gray