Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Owners Strata Plan No 53267, in the matter of Owners Strata Plan No 53267 v Prestia [2001] FCA 363
BANKRUPTCY– application for substitution – compliance with s 44 of the Bankruptcy Act 1966 (Cth) in circumstances where a substituting secured creditor estimates the value of their security at nil Bankruptcy Act 1966 (Cth)s 49, s 44 Re Wiggins; Ex Parte Credit Assistance Pty Ltd (1979) 36 FLR 182 referred to Re Burgess; Ex parte Council of the Shire of Snowy River (1961) 19 ABC 139 referred to Re O'Leary; Ex parte Bayne (1985) 61 ALR 674 applied Re Vassis; Ex parte Leung (1986) 9 FCR 518 cited Bryant v Commonwealth Bank of Australia (unreported, Beaumont, Whitlam and Moore JJ, 24 November 1995) cited Dean v Q.U.F. Industries Ltd (1981) 51 FLR 317 QUF followed Re Buckley; Ex parte James Hardie & Co Pty Ltd (1976) 27 FLR 496 cited IN THE MATTER OF JOSEPH ANTHONY PRESTIA OWNERS OF STRATA PLAN NO 53267 v JOSEPH ANTHONY PRESTIA N 7667 OF 2000 HELY J 4 APRIL 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7667 OF 2000
BETWEEN: OWNERS OF STRATA PLAN NO 53267
APPLICANT
AND: JOSEPH ANTHONY PRESTIA
RESPONDENT
JUDGE: HELY J
DATE OF ORDER: 4 APRIL 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. ANZ be substituted for The Owners of Strata Plan No 53267 as petitioner. 2. Leave be given to ANZ to amend the creditor's petition in the form annexed to the Amended Notice of Motion, but inserting in par 4 thereof 23 February 2000 in lieu of 31 August 2000 and 2 February 2000 in lieu of 9 August 2000. 3. Service of the amended creditor's petition on the respondent be dispensed with. 4. On or before 18 April 2001 the respondent file and service a notice in accordance with Form 149 stating the grounds of opposition to the petition and an affidavit in support of the grounds of opposition. 5. The petition be fixed for 19 June 2001 for hearing. 6. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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