Lawindi, in the matter of Elkateb v Elkateb [2001] FCA 1527

FEDERAL COURT OF AUSTRALIA

Lawindi, in the matter of Elkateb v Elkateb [2001] FCA 1527 COSTS – where proceedings rendered moot after judgment has been reserved PROCEDURE – service – creditor's petition – personal service – whether creditor's petition was properly served – whether document was put down in the respondent's presence – whether the respondent was informed of the nature of the documents served – sufficient that the nature of the unmasked documents was evident from the face of those documents – where service was within the precincts of the High Court – compliance with O 77 r 18 of the Federal Court Rules BANKRUPTCY – where debtor's petition filed after judgment reserved on a creditor's petition – where applicant creditor obtains an order for costs – whether applicant creditor's costs ought to be given priority Federal Court of Australia Act 1976 (Cth) ss 43(1) and (2) Bankruptcy Act 1966 (Cth) s 52(1)(b), s 55, s 109(1)(a) Federal Court Rules O 7 r 1, O 7 r 2, O 9 r 7(1), O 9 r 7(2), O 62 r 3(1), O 77 r 4(2), O 77 r 18, O 77 r 18A, O 77 r 19(2)

Clyne v Deputy Commissioner of Taxation (1984) 154 CLR 589 at 598 followed Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 followed Yates Property Corporation Pty Ltd v Boland (2000) 179 ALR 664 followed Thomson v Pheney (1832) 1 Dowling's Practice Cases 441 at 443 followed Re Ditfort; Ex parte Deputy Commissioner of Taxation (NSW); (1988) 19 FCR 347 at 360 followed Re Roberts, ex parte Evans (Hill J, 25 August 1989, unreported) followed Re Rosenberg; ex parte Westpac Banking Corporation (Spender J, 21 July 1993, unreported) followed Rogerson v Tchia (1995) 123 FLR 126 followed Taylor v Marmaras [1954] VLR 476 followed Re O'Sullivan; Ex parte O'Sullivan v Commonwealth Bank of Australia (1995) 57 FCR 145 followed Burrell v Connell (1998) 84 FCR 383 at 395 followed Bryant v Commonwealth Bank of Australia (Beaumont, Whitlam & Moore JJ, 24 November 1995, unreported) followed Re Hardwick [1976] Qd R 264 referred to IN THE MATTER OF MOHAMED SAFWAT ELKATEB WASFY LAWINDI v MOHAMED SAFWAT ELKATEB N 7991 OF 2000 STONE J 31 OCTOBER 2001 SYDNEY