Commonwealth Bank of Australia v Clapham [2012] FCA 1068

FEDERAL COURT OF AUSTRALIA

Commonwealth Bank of Australia v Clapham [2012] FCA 1068 Citation: Commonwealth Bank of Australia v Clapham [2012] FCA 1068

Parties: COMMONWEALTH BANK OF AUSTRALIA v IAN ROBERT CLAPHAM AND ELLEN PATRICIA CLAPHAM

File number: NSD 660 of 2012

Judge: EMMETT J

Date of judgment: 28 August 2012

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Bankruptcy Act 1966 (Cth) s 52 Competition and Consumer Act 2010 (Cth) Contracts Review Act 1980 (NSW) Farm Debt Mediation Act 1994 (NSW) s 11

Date of hearing: 28 August 2012

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 41

Counsel for the applicant: D Sulan

Solicitor for the applicant: HWL Ebsworth

Counsel for the respondent: L Tyndall

Solicitor for the respondent: Atanaskovic Hartnell

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 660 of 2012

BETWEEN: COMMONWEALTH BANK OF AUSTRALIA

Applicant

AND: IAN ROBERT CLAPHAM

First Respondent

ELLEN PATRICIA CLAPHAM

Second Respondent

JUDGE: EMMETT J DATE OF ORDER: 28 AUGUST 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. A sequestration order be made against the estates of Ian Robert Clapham and Ellen Patricia Clapham. 2. The Official Trustee (ITSA) be appointed trustee over the estates of the respondent debtors. 3. The applicant creditor's costs, including reserved costs, if any, be taxed and paid in accordance with the Bankruptcy Act 1966 (Cth). THE COURT NOTES THAT: 4. The date of the respective acts of bankruptcy is 23 April 2012. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011