T & S Recoveries Pty Ltd v Skalkos, in the matter of Skalkos [2004] FCA 816

FEDERAL COURT OF AUSTRALIA

T & S Recoveries Pty Ltd v Skalkos, in the matter of Skalkos [2004] FCA 816 BANKRUPTCY – Creditor's petition – Alleged failure to comply with requirements of bankruptcy notice – Bankruptcy notice posted to place of business of debtor's company –Whether bankruptcy notice validly served – Order for substituted service – Whether requirements of order were cumulative or alternative – Whether existence of order precluded service otherwise than pursuant to the order – Whether reg 16.01 of Bankruptcy Regulations applies to service of a bankruptcy notice – Whether bankruptcy notice was posted to debtor's 'last-known address'.

CSR Limited trading as CSR Construction Materials v Antonio Barillaro [2001] FMCA 23; 184 ALR 308 approved Theodor Silvas (a bankrupt) v Maureen Silvas [1997] FCA 206 referred to Bankruptcy Act 1966 (Cth) s 40(1)(g) Bankruptcy Regulations 1996 (Cth)reg 4.02A, 16.01 Federal Court of Australia Act 1976 (Cth) s 4 Federal Court Rules Orders 7, 77 T & S RECOVERIES PTY LIMITED v THEODORE SKALKOS IN THE MATTER OF THEODORE SKALKOS N 7318 of 2003 WILCOX J 25 JUNE 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7318 of 2003

IN THE MATTER OF THEODORE SKALKOS BETWEEN: T & S RECOVERIES PTY LIMITED

APPLICANT

AND: THEODORE SKALKOS

RESPONDENT JUDGE: WILCOX J

DATE OF ORDER: 25 JUNE 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave be granted to the applicant to amend the petition filed on 23 October 2003 by deleting from para 4 the words 'deemed by Order made by the Federal Court in Proceedings Number 7092 of 2003 on 2 April 2003 to have been'. 2. The petition be deemed to be so amended forthwith. 3. A sequestration order be made against the estate of the respondent, Theodore Skalkos. 4. The applicant's costs of the proceedings be paid out of the bankrupt estate. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.