Slaveski v Rotstein & Associates Pty Ltd [2009] FCA 1428

FEDERAL COURT OF AUSTRALIA

Slaveski v Rotstein & Associates Pty Ltd [2009] FCA 1428

BANKRUPTCY AND INSOLVENCY – bankruptcy notice – appeal from decision of Federal Magistrate refusing to sent aside a bankruptcy notice – whether appellant had a valid counterclaim – whether application for instalment order sufficient to set aside bankruptcy notice – relevant of other proceedings commenced by applicant against third parties – no counterclaim for purposes of s 40(1)(g) of the Bankruptcy Act 1966 (Cth) – no basis for setting aside bankruptcy notice – Federal Magistrate correct in refusal to set aside notice PRACTICE AND PROCEDURE – apprehended bias – appellant engaged in other proceedings against large publicly listed company – where Federal Magistrate disclosed small shareholding in company – whether reasonable apprehension of bias – other proceedings irrelevant – no basis for Federal Magistrate to disqualify himself

Bankruptcy Act 1966 (Cth), s 40(1)(g) Slaveski v Rotstein [2009] FMCA 443 affirmed Slaveski v Rotstein and Associates Pty Ltd [2009] VSC 111 referred to Re Glew; Glew v Harrowell of Hunt & Hunt Lawyers (2003) 198 ALR 331; [2003] FCA 373 followed LJUPCO SLAVESKI v ROTSTEIN & ASSOCIATES PTY LTD (ACN 117 539 063)

VID 417 of 2009

MARSHALL J

7 DECEMBER 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

general division VID 417 of 2009

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: LJUPCO SLAVESKI

Appellant

AND: ROTSTEIN & ASSOCIATES PTY LTD (ACN 117 539 063)

Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 7 DECEMBER 2009

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant pay the respondent's costs of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.