Napiat Pty Ltd v Salfinger; In the Matter of Salfinger (No 3) [2011] FCA 1279

FEDERAL COURT OF AUSTRALIA

Napiat Pty Ltd v Salfinger; In the Matter of Salfinger (No 3) [2011] FCA 1279 Citation: Napiat Pty Ltd v Salfinger; In the Matter of Salfinger (No 3) [2011] FCA 1279

Parties: NAPIAT PTY LTD v RODERICK NEIL SALFINGER; IN THE MATTER OF RODERICK NEIL SALFINGER

File number: NSD 476 of 2011

Judge: FOSTER J

Date of judgment: 8 November 2011

Legislation: Bankruptcy Act 1966 (Cth), s 43, s 47 Federal Court (Bankruptcy) Rules 2005, rr 1.06, 4.02, 4.04, Form 6

Cases cited: Bryant v Commonwealth Bank of Australia (unreported, Beaumont, Whitlam, Moore JJ, 24 November 1995) cited

Date of hearing: 8 November 2011

Place: Sydney

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 25

Counsel for the Applicant: Mr AP Cheshire

Solicitor for the Applicant: Gye Associates Lawyers

Counsel for the Respondent: Mr P Fary

Solicitor for the Respondent: Mr Barry B Moshel

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 476 of 2011

IN THE MATTER OF RODERICK NEIL SALFINGER BETWEEN: NAPIAT PTY LTD

Applicant

AND: RODERICK NEIL SALFINGER

Respondent

JUDGE: FOSTER J DATE OF ORDER: 8 NOVEMBER 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave be granted to the applicant to amend the Creditor's Petition in terms of the proposed Amended Creditor's Petition dated 8 November 2011 and initialled by Foster J. 2. Leave be granted to the applicant to file that Amended Creditor's Petition in Court. 3. Service of the Amended Creditor's Petition be dispensed with. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.