Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vince (Trustee), in the matter of Sopikiotis (Bankrupt) v Sopikiotis (No 2) [2012] FCA 1298 Citation: Vince (Trustee), in the matter of Sopikiotis (Bankrupt) v Sopikiotis (No 2) [2012] FCA 1298
Parties: PETER ROBERT VINCE AS TRUSTEE OF THE BANKRUPT ESTATE OF MARIA SOPIKIOTIS v MARIA SOPIKIOTIS
File number: VID 145 of 2012
Judge: BROMBERG J
Date of judgment: 21 November 2012
Catchwords: BANKRUPTCY AND INSOLVENCY – application by Trustee for possession of property – orders granted pursuant to s 30 and 77 of the Bankruptcy Act 1966 (Cth) requiring the Bankrupt to vacate the property and deliver up duplicate certificate of title. PRACTICE AND PROCEDURE – application for adjournment of hearing – power to stay proceedings limited to 21 days pursuant to s 52(3) of the Bankruptcy Act 1966 (Cth) – consideration of discretionary factors – application denied.
Legislation: Bankruptcy Act 1996 (Cth) ss 30, 37(2)(a), 52(3), 54(1), 58, 77 Federal Magistrates Court (Bankruptcy) Rules 2006 r 2.03 (1)
Cases cited: Horne (as trustee of the Bankrupt Estate of Sekulovski) v Sekulovski [2009] FCA 1164 Pattison v McKinnon [2008] FCA 1624 Official Receiver v Tregaskis [2006] FMCA 1915 Richmond v BMW Australia Finance Ltd (No 1) [2009] FCAFC 24 Nolten v Groeneveld Australia Pty Ltd [2011] FCA 1494 Skalkos v T & S Recoveries Pty Ltd (2004) 141 FCR 107 Vince (Trustee), in the matter of Sopikiotis (Bankrupt) v Sopikiotis [2012] FCA 573
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