New Age Constructions (NSW) Pty Ltd v Etlis, in the matter of Etlis (No 2) [2013] FCA 953

FEDERAL COURT OF AUSTRALIA

New Age Constructions (NSW) Pty Ltd v Etlis, in the matter of Etlis (No 2) [2013] FCA 953 Citation: New Age Constructions (NSW) Pty Ltd v Etlis, in the matter of Etlis (No 2) [2013] FCA 953

Parties: NEW AGE CONSTRUCTIONS (NSW) PTY LTD ACN 058 622 950 v LANA ETLIS (AKA SVETLANA ETLIS), A DEBTOR and JOSEPH LOEBENSTEIN (AS TRUSTEE OF THE PERSONAL INSOLVENCY AGREEMENT OF LANA ETLIS, A DEBTOR)

File number: NSD 2221 of 2012

Judge: YATES J

Date of judgment: 18 September 2013

Date of hearing: 18 September 2013

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 3

Counsel for the Applicant: Mr S Golledge

Solicitor for the Applicant: McGrath Solicitors

Counsel for the First Respondent: Mr D McAloon

Solicitor for the First Respondent: B2B Lawyers

Solicitor for the Second Respondent: Mr I Cull of ICA Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2221 of 2012

IN THE MATTER OF ETLIS BETWEEN: NEW AGE CONSTRUCTIONS (NSW) PTY LTD ACN 058 622 950

Applicant

AND: LANA ETLIS (AKA SVETLANA ETLIS), A DEBTOR

First Respondent

JOSEPH LOEBENSTEIN (AS TRUSTEE OF THE PERSONAL INSOLVENCY AGREEMENT OF LANA ETLIS, A DEBTOR)

Second Respondent

JUDGE: YATES J DATE OF ORDER: 18 SEPTEMBER 2013 WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The personal insolvency agreement executed by Lana Etlis (also known as Svetlana Etlis) on 19 December 2012 (the personal insolvency agreement) be set aside. 2. A sequestration order be made against the estate of Lana Etlis (also known as Svetlana Etlis) (the bankrupt estate). 3. The applicant's costs of this proceeding be taxed and paid from the bankrupt estate in accordance with the provisions of the Bankruptcy Act 1966 (Cth) and the Bankruptcy Regulations 1996 (Cth). 4. In accordance with the agreement between the second respondent and Rambleford Pty Ltd (Rambleford), the second respondent's remuneration and disbursements of and incidental to the personal insolvency agreement and this proceeding be paid by Rambleford from the funds it has paid to the second respondent for the purpose of the personal insolvency agreement (the Rambleford funds). 5. The second respondent remit the balance of the Rambleford funds to Rambleford within seven days. 6. The first respondent be released from further compliance with the undertaking given by her on 22 July 2013. THE COURT NOTES THAT: 7. A consent to act as trustee in respect of the bankrupt estate has been signed by Stirling Lindley Horne and filed with the Official Receiver. 8. New Age Constructions (NSW) Pty Ltd, by its director, John Carollo of 3 Teemar Street, Tennyson Point, New South Wales, undertakes to the Court that it will provide funding to the maximum amount of $30,000 to Stirling Lindley Horne, as trustee of the bankrupt estate, to meet costs, including trustee's remuneration and out-of-pocket expenses incurred by the trustee in the conduct of investigations, including public examination and the conduct of litigation in connection with the administration of the bankrupt estate. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.