Vonidis v BMW Australia Finance Limited [2011] FCA 589

FEDERAL COURT OF AUSTRALIA

Vonidis v BMW Australia Finance Limited [2011] FCA 589 Citation: Vonidis v BMW Australia Finance Limited [2011] FCA 589

Appeal from: Vonidis v BMW Australia Finance Limited [2010] FMCA 972

Parties: ALEXANDER VONIDIS v BMW AUSTRALIA FINANCE LIMITED (ACN 007 101 715)

File number: VID 7 of 2011

Judge: FOSTER J

Date of judgment: 31 May 2011

Catchwords: BANKRUPTCY – whether the appellant was denied procedural fairness when a Registrar of the Federal Magistrates Court made a sequestration order against his estate in his absence in circumstances where service of the bankruptcy notice and of the creditor's petition had been effected in accordance with orders for substituted service made by the Federal Magistrates Court – whether the sequestration order made against the appellant's estate should be set aside pursuant to reg 16.05(2)(a) of the Federal Magistrates Court Rules – whether the appellant's bankruptcy should be annulled

Legislation: Bankruptcy Act 1966 (Cth) s 153B Federal Magistrates Court Rules 2001 regs 6.14 to 6.16 and 16.05(2)(a) Federal Court Rules O 35 r 7

Cases cited: Vonidis v BMW Australia Finance Limited [2010] FMCA 972 related Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 applied Bright v Femcare Ltd (1999) 166 ALR 743 cited Bulic v Commonwealth Bank of Australia Limited [2007] FCA 307 followed Kostokanellis v Allen [1974] VR 596 referred to Re Daskalovski; Ex parte The Austral Brick Co Pty Ltd [1998] FCA 782 cited Rigg v Baker (2006) 155 FCR 531 applied