Australian Competition & Consumer Commission v Kritharas, in the matter of Kritharas [2000] FCA 1442

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Kritharas,

in the matter of Kritharas [2000] FCA 1442 BANKRUPTCY – provable debt – whether creditor's petition presented while composition remained valid "in respect of a provable debt" within par 238(2)(a) of Bankruptcy Act – claims for compensation made by ACCC on behalf of other persons against debtor alleged to have been involved in contraventions of ss 52 and 59 of Trade Practices Act – whether such claims "demands in the nature of unliquidated damages arising otherwise than by reason of a contract" within subs 82(2) of Bankruptcy Act.

Bankruptcy Act 1966 (Cth) ss 40(1)(g), 58(3), 82, 187(2), 188, 204, 238(2)(a), 238(2)(c) Trade Practices Act 1974 (Cth) ss 52(1), 59, 82, 87 Fielding v Vagrand Pty Limited (In liquidation) (1992) 39 FCR 251 discussed Vagrand Pty Limited (In liquidation) v Fielding (1993) 41 FCR 550 referred to CCA Systems Pty Ltd v Communications & Peripherals (Australia) Pty Ltd (1989) 15 ACLR 720 discussed Re Dawson; Ex parte Dawson and Arthur Andersen and Co (1985) 5 FCR 133 referred to Re NIAA Corporation Ltd (In liquidation) (NSWSC: McLelland CJ in Eq, 2 December 1994, unreported) discussed Reid v Interarch Australia Pty Limited (ACN 069 490 795) [2000] FCA 1328 followed Official Trustee in Bankruptcy v CS & GJ Handby Pty Ltd (1989) 21 FCR 19 discussed Aliferis v Kyriacou [2000] VSCA 123 referred to Barrett, "Claims excluded from proof in bankruptcy" (2000) 74 ALJ 659 AUSTRALIAN COMPETITION & CONSUMER COMMISSION v NICHOLAS KRITHARAS (In the matter of Nicholas Kritharas) N 8442 of 1999 KATZ J 18 OCTOBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 8442 of 1999

IN THE MATTER OF NICHOLAS KRITHARAS

BETWEEN: AUSTRALIAN COMPETITION

& CONSUMER COMMISSION