Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Burlington Centre Supermarket Pty Ltd, in the matter of Karandonis v Karandonis [2000] FCA 1318 IN THE MATTER OF JOHN KARANDONIS BURLINGTON CENTRE SUPERMARKET PTY LTD v JOHN KARANDONIS N 7637 OF 2000 EMMETT J 5 SEPTEMBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7637 OF 2000
IN THE MATTER OF JOHN KARANDONIS
BETWEEN: BURLINGTON CENTRE SUPERMARKET PTY LTD
APPLICANT
AND: JOHN KARANDONIS
RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 5 SEPTEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The parties' costs of the petition to date abide the outcome of the petition. 2. The costs of today be the costs of the parties of the petition. 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 7637 OF 2000
IN THE MATTER OF JOHN KARANDONIS
BETWEEN: BURLINGTON CENTRE SUPERMARKET PTY LTD
APPLICANT
AND: JOHN KARANDONIS
RESPONDENT
JUDGE: EMMETT J
DATE: 5 SEPTEMBER 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 On 18 April 2000, judgment was entered in the Local Court in favour of Burlington Centre Supermarket Pty Limited ("the Creditor") against John Karandonis ("the Debtor"). On 10 May 2000 bankruptcy notices were issued based on that judgment. On 21 May 2000 bankruptcy notices were served on the Debtor. They were not complied with and accordingly an act of bankruptcy was committed. On 9 June 2000 the Debtor applied to the Local Court for leave to pay the amount of the judgment by instalments. On 13 July 2000 that application was refused. 2 On that day discussions took place between the legal advisers of the Creditor and the Debtor and his son, Nicholas. The discussions took place at the conclusion of the hearing before the Registrar of the Local Court. Participating in the conversation were Mr Braham, counsel for the Creditor and Mr Sacks, solicitor for the Creditor. The conversation is significant: The Debtor said to Mr Braham: "You are a hard man and I bet you won't accept anything less than the full amount"
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