Restom v Battenberg [2007] FCA 46

FEDERAL COURT OF AUSTRALIA

Restom v Battenberg [2007] FCA 46 BANKRUPTCY – creditors' petition – whether respondent was ordinarily resident in Australia at the time of the act of bankruptcy – person may be ordinarily resident in two places – transition from being ordinarily resident in Australia to being ordinarily resident in Britain not immediate – sequestration order made. Bankruptcy Act 1966 (Cth) s 43 Logue v Hansen Technologies Ltd (2003) 125 FCR 590 referred to Mathai v Kwee [2005] FCA 932 referred to Re Taylor; Ex parte Natwest Australia Bank Limited (1992) 37 FCR 194 applied Re Vassis; Ex parte Leung (1986) 9 FCR 518 referred to Turner v Trevorrow (1994) 49 FCR 566 referred to CONWAY ANTHONY RESTOM, PETER JAMES CALDWELL, ANTHONY JAMES CORDATO, BRIAN STUART OLLIVER, PHILIP MARK DAY, ALAN WILKIE NICOL (TRADING AS MICHELL SILLAR) v ANDREW CHARLES ROBERT EDWARD ALBERT BATTENBERG NSD 2002 OF 2005

STONE J

6 February 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2002 OF 2005

BETWEEN: CONWAY ANTHONY RESTOM, PETER JAMES CALDWELL, ANTHONY JAMES CORDATO, BRIAN STUART OLLIVER, PHILIP MARK DAY, ALAN WILKIE NICOL (TRADING AS MICHELL SILLAR)

Applicants

AND: ANDREW CHARLES ROBERT EDWARD ALBERT BATTENBERG

Respondent

JUDGE: STONE J DATE OF ORDER: 6 February 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The estate of Andrew Charles Robert Edward Albert Battenberg be sequestrated. 2. The applicant creditors' costs, including any reserved costs, and any costs of the supporting creditors, be taxed and paid in accordance with the Bankruptcy Act 1966 (Cth). AND THE COURT NOTES THAT: 3. The date of the act of Bankruptcy is 6 June 2005. 4. A copy of this order is to be provided to the trustee and to the Official Receiver in New South Wales within two days after the order is entered. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA