Ozdil v Vrsecky (Trustee) [2016] FCA 881

FEDERAL COURT OF AUSTRALIA

Ozdil v Vrsecky (Trustee) [2016] FCA 881 File number: VID 301 of 2016

Judge: JESSUP J

Date of judgment: 5 August 2016

Catchwords: BANKRUPTCY – Annulment of bankruptcy under s 153B of the Bankruptcy Act 1966 (Cth) – Whether sequestration order "ought not to have been made" – bankrupt's debt not effectively assigned.

Legislation: Bankruptcy Act 1966 (Cth) ss 30, 40, 52, 153B Property Law Act 1958 (Vic) s 134

Cases cited: Re Vella; Ex parte Seymour (1983) 67 FLR 287 Stankiewicz v Plata [2000] FCA 1185

Date of hearing: 16 June 2016

Registry: Victoria

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 19

Counsel for the Applicant: The applicant appeared in person

Counsel for the First Respondent: Mr B Devanny

Solicitor for the First Respondent: Smith Leonard Fahey

Counsel for the Second Respondent: Ms D McCredden

Solicitor for the Second Respondent: White Cleland

ORDERS VID 301 of 2016

BETWEEN: BUKET OZDIL Applicant

AND: PETR VRSECKY AS TRUSTEE OF THE BANKRUPT ESTATE OF BUKET OZDIL First Respondent

BAYCORP COLLECTIONS PDL (AUSTRALIA) PTY LTD (ACN 119 478 778) Second Respondent

JUDGE: JESSUP J DATE OF ORDER: 5 AUGUST 2016

THE COURT ORDERS THAT:

1. The applicant's bankruptcy be annulled. 2. The application otherwise be dismissed. 3. Pending the receipt of submissions from the parties, costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.