Hovan, in the matter of Hovan v Goycolea-Silva [2003] FCA 235

FEDERAL COURT OF AUSTRALIA

Hovan, in the matter of Hovan v Goycolea-Silva [2003] FCA 235

BANKRUPTCY – bankruptcy notice – application to set aside bankruptcy notice – application for summary dismissal of application to set aside bankruptcy notice pursuant to Federal Court Rules O 20 r 2

COURTS & JUDGES – application for disqualification – where applicant committed for trial in District Court of New South Wales by Local Court constituted by judge's spouse – no recollection of knowledge of committal proceedings – no reasonable apprehension of bias

Hovan v Goycolea-Silva [2003] FCA 234 referred to IN THE MATTER OF GEORGE LESLIE HOVAN

GEORGE LESLIE HOVAN v MARIA SOLEDAD GOYCOLEA-SILVA N7070 OF 2003 EMMETT J 7 MARCH 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N7070 OF 2003

BETWEEN: GEORGE LESLIE HOVAN

APPLICANT

AND: MARIA SOLEDAD GOYCOLEA-SILVA

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 7 MARCH 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the proceeding be listed for directions before Lindgren J at 9.30 am on 20 March 2003; 2. leave be given to the Respondent Creditor to file a notice of motion for summary dismissal of the proceeding pursuant to O 20 r 2 of the Federal Court Rules, such motion to be returnable before Lindgren J at 9.30 am on 20 March 2003; 3. the Respondent Creditor to file and serve no later than 14 March 2003 any affidavits on which she intends to rely in support of the motion; 4. the Applicant Debtor to file and serve no later than 19 March 2003 any affidavits on which he intends to rely in opposition to the motion.

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 N7070 OF 2003