Ozer v Australian Liquor Marketers Pty Ltd, in the matter of Ozer [2001] FCA 40

FEDERAL COURT OF AUSTRALIA

Ozer v Australian Liquor Marketers Pty Ltd, in the matter of Ozer [2001] FCA 40 BANKRUPTCY – application for annulment of bankruptcy – discretion not to annul bankruptcy, even if satisfied that sequestration order ought not to have been made – conduct of bankrupt relevant in determining whether discretion should be exercised – whether bankrupt's post-sequestration conduct can be taken into account – significance of bankrupt's non-disclosure of bankruptcy to person from whom credit being sought – bankrupt's state of mind concerning service of notice of annulment application on person from whom credit being sought and its effects at time of attempt to obtain credit – bankrupt's state of mind concerning obligation to disclose bankruptcy when seeking to obtain credit – bankrupt omitting reference to payment from statement of affairs.

Bankruptcy Act 1966 (Cth), ss 153B, 269(1)(a), 304A Crimes Act 1914 (Cth), s 7(1) Evidence Act 1995 (Cth), ss 69(2), 135, Pt 4.6 Div 1 Lewis' Australian Bankruptcy Law 11th ed. at p. 251 IN THE MATTER OF NAZILE OZER NAZILE OZER v AUSTRALIAN LIQUOR MARKETERS PTY LTD AND SCOTT DARREN PASCOE NG 7549 of 1999 KATZ J SYDNEY 5 FEBRUARY 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 7549 of 1999

BETWEEN: NAZILE OZER

APPLICANT

AND: AUSTRALIAN LIQUOR MARKETERS PTY LTD

FIRST RESPONDENT

SCOTT DARREN PASCOE

SECOND RESPONDENT

JUDGE: KATZ J

DATE OF ORDER: 5 FEBRUARY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondents' costs of the proceeding.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 7549 of 1999

BETWEEN: NAZILE OZER

APPLICANT