Dekkan v Macquarie Leasing Pty Ltd [2008] FCA 1235

FEDERAL COURT OF AUSTRALIA

Dekkan v Macquarie Leasing Pty Ltd [2008] FCA 1235

Bankruptcy Act 1966 (Cth) s 41(6A) Federal Court of Australia Act 1976 (Cth) ss 35A(5), 35A(6) Federal Court (Bankruptcy) Rules 2005 rr 1.03(2), 3.03 Federal Court Rules O 35A r 2(b) Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 referred to Harris v Caladine (1990) 172 CLR 84 followed Martin v Commonwealth Bank of Australia (2001) 217 ALR 634 cited Mazukov v University of Tasmania [2004] FCAFC 159 cited Jageev Pty Ltd v Deane (1997) 72 FCR 398 followed Pittalis v Sherefettin [1986] QB 868 referred to

BASSAM DEKKAN and JEANETTE DEKKAN v MACQUARIE LEASING PTY LTD

NSD 832 of 2008

PERRAM J

19 AUGUST 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 832 of 2008

BETWEEN: BASSAM DEKKAN

First Applicant

JEANETTE DEKKAN

Second Applicant

AND: MACQUARIE LEASING PTY LTD

Respondent

JUDGE: PERRAM J DATE OF ORDER: 19 AUGUST 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The orders made by the Court on 13 August 2008 be vacated. 2. The orders made by Registrar Hedge on 9 July 2008 be set aside. 3. There be no order as to costs in relation to the applicants' application for review. 4. Pursuant to s 41(6A) of the Bankruptcy Act 1966 (Cth) and rule 3.03 of the Federal Court (Bankruptcy) Rules 2005,the time for compliance by the applicants with the requirements of the bankruptcy notice be extended up to and including 17 September 2008. 5. The applicants file and serve an amended application and affidavits to be relied upon by them on or before 9 September 2008. 6. The respondent file and serve any affidavits in reply on or before 16 September 2008. 7. The matter be stood over before the Registrar at 9.30 am on 17 September 2008. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.