Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mahmoud v The Owners' Corporation Strata Plan 811 [2006] FCA 815
BANKRUPTCY – application for annulment of sequestration order – prior litigation in Federal Magistrates Court – leave to issue process refused upon basis of no apparent juridical basis TOSSON MAHMOUD v THE OWNERS' CORPORATION STRATA PLAN 811 NSD 1131 OF 2006
CONTI J 29 JUNE 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1131 OF 2006
BETWEEN: TOSSON MAHMOUD
APPLICANT
AND: THE OWNERS' CORPORATION STRATA PLAN 811
RESPONDENT
JUDGE: CONTI J
DATE OF ORDER: 29 JUNE 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Application for leave to the applicant to issue process against the respondent be declined. 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 NSD 1131 OF 2006
BETWEEN: TOSSON MAHMOUD
APPLICANT
AND: THE OWNERS' CORPORATION STRATA PLAN 811
RESPONDENT
JUDGE: CONTI J
DATE: 29 JUNE 2006
PLACE: SYDNEY
REASONS FOR REFUSAL TO ENTERTAIN APPLICATION OF TOSSON MAHMOUD TO ANNUL ORDER OF THE FEDERAL MAGISTRATES COURT 1 In my capacity as duty judge of the Federal Court of Australia, there has been placed before me by the applicant Mr Mahmoud, who is not legally represented, the following documents: (i) application for leave to appeal from the judgment of Barnes FM filed 13 June 2006; (ii) affidavit of Mr Mahmoud sworn 13 June 2006; (iii) notice of appearance of the respondent body corporate signed by Mr Mahmoud purportedly on behalf of that respondent; (iv) notice of motion seeking annulment of a sequestration order made by a Registrar of the Federal Magistrates Court on the 23 May 2005. 2 Also lodged with the Court are miscellaneous documents including the following: (i) a statutory declaration made by Mr Mahmoud on 4 March 2005; (ii) a document bearing date 17 March 2005 signed by Mr Mahmoud headed as follows:
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