FEDERAL COURT OF AUSTRALIA Paradise Constructors & Co Pty Ltd v Cant [2008] FCA 1105 PARADISE CONSTRUCTORS & CO PTY LTD v ANTHONY CANT VID 577 OF 2008 HEEREY J 25 JULY 2008 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VID 577 OF 2008 In the Matter of the Bankrupt Estate of Karel Etl BETWEEN: PARADISE CONSTRUCTORS & CO PTY LTD Applicant AND: ANTHONY CANT Respondent JUDGE: HEEREY J DATE OF ORDER: 25 JULY 2008 WHERE MADE: MELBOURNE THE COURT ORDERS THAT: 1. The application be dismissed with 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 577 OF 2008 BETWEEN: PARADISE CONSTRUCTORS & CO PTY LTD Applicant AND: ANTHONY CANT Respondent JUDGE: HEEREY J DATE: 25 JULY 2008 PLACE: MELBOURNE REASONS FOR JUDGMENT 1 The applicant seeks leave to appeal from an order made in the Federal Magistrates Court on 24 July 2008 which dismissed the orders sought by the applicant, for injunctions restraining the respondent from distributing any proceeds arising from the sale of any property of the bankrupt, Karel Etl, except by order of the Federal Magistrates Court. 2 It is plain from reading the judgment of the Court of Appeal of the Supreme Court of Victoria on 14 July 2008 in Milhouse General & Mercantile Pty Ltd v Cant (unreported, Sup Ct CA, Vic, Buchanan and Nettle JJA, 3823 of 2008), along with the respondent's outline of submissions, that this application is an abuse of process. 3 The proposed appeal would have no reasonable prospects of success and I therefore dismiss the application with costs. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Heerey. Associate: Dated: 28 July 2008 Counsel for the Respondent: The applicant appeared in person (by its director, B Strangio) Counsel for the Respondent: I Upjohn Solicitor for the Respondent: Nunan & Bloom Date of Hearing: 25 July 2008 Date of Judgment: 25 July 2008