Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Endresz [2014] FCA 786 Citation: Australian Securities and Investments Commission v Endresz [2014] FCA 786
Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v DAWN MAY ENDRESZ AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v JOZSEF ENDRESZ AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v WILLIAM ARTHUR FORGE AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v ALLAN PAUL ENDRESZ
File numbers: VID 103 of 2014 VID 104 of 2014 VID 106 of 2014 VID 108 of 2014
Judge: PAGONE J
Date of judgment: 29 July 2014
Catchwords: BANKRUPTCY – Applications for sequestration orders – Where debtors' assets subject of restraining order – Whether solvency of debtors may be established by willingness of third party to meet debts subject of creditor's petitions –Whether counterclaim, set-off or cross-demand equal to or exceeding amount of judgment debts subject of creditor's petitions – Whether ASIC is the Commonwealth or privy for purposes of judgment debts – Whether creditor's petitions an abuse of process. PRACTICE AND PROCEDURE – Representation by unqualified persons – Application by son of respondent debtors for leave to appear on their behalf – Where son of respondent debtors a respondent to related proceeding heard concurrently – Where issues in related proceedings fundamentally the same – Whether of benefit to parties and the Court to grant leave.
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