Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kyriackou v Official Trustee in Bankruptcy [2005] FCA 921 MICHAEL KYRIACKOU v OFFICIAL TRUSTEE IN BANKRUPTCY VID 186 OF 2005 NORTH J 30 MAY 2005 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 186 OF 2005
BETWEEN: MICHAEL KYRIACKOU
APPLICANT
AND: OFFICIAL TRUSTEE IN BANKRUPTCY
RESPONDENT
JUDGE: NORTH J
DATE OF ORDER: 30 MAY 2005
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application and the notice of motion filed on 16 May 2005 by the applicant are dismissed. 2. The applicant is to pay the costs of the respondent, and of Shield Mercantile Pty Ltd, of the application including the motion and including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 186 OF 2005
BETWEEN: MICHAEL KYRIACKOU
APPLICANT
AND: OFFICIAL TRUSTEE IN BANKRUPTCY
RESPONDENT
JUDGE: NORTH J
DATE: 30 MAY 2005
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 Before the Court is an application filed initially on 11 March 2005 by Mr Kyriackou. The application was supported by a statement of claim of the same date. The details of the claim included six paragraphs, of which two are now presently relevant. The relevant two paragraphs claim the following relief: C. Pursuant to Regulation 4.08 of the Bankruptcy Act [sic] 1966 (Cth) an assessment of damages resulting from the Defendant's control of the Plaintiff's property; D. an order that the Defendant pay to the Plaintiff the sum so assessed. 2 As a result of directions made by the Registrar, the applicant filed a notice of motion on 16 May 2005. The notice of motion claimed relief, including that the applicant's damages be assessed ex parte by the Court pursuant to reg 4.08(c) of the Bankruptcy Regulations 1996 (Cth) (the Regulations) and when so assessed, that the creditor pay to the applicant the amount assessed pursuant to reg 4.08(d). 3 The applicant relies on reg 4.08, which relevantly provides: Where:
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