Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Citibank Ltd, in the matter of Stivactas v Parker [2000] FCA 1914
BANKRUPTCY – costs of setting aside a 139ZQ notice – whether the successful applicant should have their costs met by the Official Receiver or the Trustee in Bankruptcy – whether the Official Receiver should have its costs paid by the applicant or the Trustee in Bankruptcy where there was no evidence of defect in the formal parts of the notice – where the s 139ZQ notice was set aside by consent Bankruptcy Act 1966 (Cth) ss 139ZQ & 139ZS Re Wedgwood ; Ex parte Bank of New Zealand (1993) 116 ALR 153 followed Terry v Official Receiver (Cooper J, 18 September 1998, unreported) distinguished Ramirez v Sandor's Trustee (No 2) (Young J, 23 October 1997, unreported) followed Trustees of the Property of Zoltan Sandor, a Bankrupt v Ramirex [1999] NSW CA 261 followed IN THE MATTER OF SPIROS STIVACTAS CITIBANK LIMITED v ROBERT COLIN PARKER (TRUSTEE OF THE ESTATE OF SPIROS STIVASTAS) AND OFFICIAL RECEIVER FOR THE DISTRICT OF SOUTH AUSTRALIA N 7623 OF 2000 TAMBERLIN J SYDNEY 22 DECEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7623 OF 2000
IN THE MATTER OF SPIROS STIVACTAS
BETWEEN: CITIBANK LIMITED
APPLICANT
AND: ROBERT COLIN PARKER (TRUSTEE OF THE ESTATE OF SPIROS STIVACTAS)
FIRST RESPONDENT
OFFICIAL RECEIVER FOR THE DISTRICT OF SOUTH AUSTRALIA
SECOND RESPONDENT
JUDGE: TAMBERLIN J
DATE OF ORDER: 22 DECEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The first respondent should pay the applicant's costs. 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 7623 OF 2000
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