Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shah v Global Financial Management Services Pty Limited [2004] FCA 626
BANKRUPTCY – annulment – discharge – no particular principles involved
Bankruptcy Act 1966 (Cth) ABDUL KALIK SHAH AND MAZREEN FAIREEN SHAH v GLOBAL FINANCIAL MANAGEMENT SERVICES PTY LIMITED N 1617 OF 2001 CONTI J 18 MAY 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1617 OF 2001
BETWEEN: ABDUL KALIK SHAH AND MAZREEN FAIREEN SHAH
APPLICANTS
AND: GLOBAL FINANCIAL MANAGEMENT SERVICES PTY LIMITED
RESPONDENT
JUDGE: CONTI J
DATE OF ORDER: 18 MAY 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Proceedings be stood over with liberty to restore on 7 days notice to the Associate of Conti J. 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 1617 OF 2001
BETWEEN: ABDUL KALIK SHAH AND MAZREEN FAIREEN SHAH
APPLICANTS
AND: GLOBAL FINANCIAL MANAGEMENT SERVICES PTY LIMITED
RESPONDENT
JUDGE: CONTI J
DATE: 18 MAY 2004
PLACE: SYDNEY
REASONS FOR INTERLOCUTORY JUDGMENT 1 The applicants in these proceedings, who are unrepresented, have applied to the Court by notice of motion of 4 March 2004 '… to set aside judgment for the claims made on 27 November 2001 and discharge them both from bankruptcy'. The matter was listed for at least a preliminary hearing on 19 March 2004. Before filing that notice of motion in the Court Registry, a form of purported notice of motion dated 2 March 2004 had been presented to the Registry, though apparently not formally accepted for filing, headed 'To Discharge from Bankruptcy', the same containing the following orders thereby sought (some corrections made): '[1] The appellants, Mr Abdul Khalik Shah and Mrs Nazreen Shah moves the above motion to the court, to set aside Judgement for the Claims made on the 27 November 2001 and discharge them from Bankruptcy. [2] The appellants have paid all the past creditors and the company Global Financial Services to whom money owed has been deregistered by the ASIC with effect from 18th February 2002. [3] The appellants previous payments to the Global Financial Services are attached. [4] The appellants pray to the Honourable Court to Please Discharge them from the Bankruptcy.' 2 The applicants were made bankrupt on 27 November 2001 by order of Federal Magistrate Driver, apparently at the instance of Global Financial Management Services Limited ('Global'), the above purported respondent. Application for early discharge of the applicants from bankruptcy had previously been made to the Official Receiver, and the applicants had received in response a letter dated 8 May 2003 from the Insolvency and Trustee Service Australia, New South Wales Branch, which omitting formal parts, reads as follows: 'Re: Your Bankruptcy Estate – NSW 6515/1/9 (A50) I note that you have repaid the creditors listed in the attached listing. Could you please clarify the transactions by advising the trustee the following: 1. The date when each of the creditor was paid; and 2. The method of payment (eg. By cheque, cash, direct deposit). Please forward copies of the receipt for each of the payment. Your response within fourteen (14) days would be appreciated. Should you have any queries, please do not hesitate to contact me on the number below.' 3 The annexure to that letter was a document headed 'List of Paid Creditors', reading as follows: 'LIST OF PAID PAST CREDITORS NO NAME OF CREDITORS DATE OF LOAN AMOUNT REMARKS
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