Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Moravcik v Giasoumi [2016] FCA 1163 File number: VID 551 of 2016
Judge: JESSUP J
Date of judgment: 28 September 2016
Catchwords: BANKRUPTCY AND INSOLVENCY – Application to annul bankruptcy – Where sequestration order made after proceedings to recover applicant's payment under unfair preference from liquidated former employer – Whether former employer was trading solvent at time of payment – Whether sequestration order ought not to have been made – Application dismissed.
Legislation: Bankruptcy Act 1966 (Cth) ss 40, 109, 153B Corporations Act 2001 (Cth) ss 459E, 459P, 588FE, 588FF, 588FG
Cases cited: Hudson v Whalan (1999) 5 ABC(NS) 1
Date of hearing: 30 August 2016
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 22
Counsel for the Applicant: The applicant appeared in person
Counsel for the First and Second Respondents: Mr A Silver
Solicitor for the First and Second Respondents: Marsh & Maher
Counsel for the Third Respondent: Mr D McAloon
Solicitor for the Third Respondent: Thomson Geer
ORDERS VID 551 of 2016
BETWEEN: EDUARD MORAVCIK Applicant
AND: NICHOLAS GIASOUMI AND ROGER DARREN GRANT (AS JOINT AND SEVERAL LIQUIDATORS OF IWB SERVICES PTY LTD (IN LIQUIDATION) (ACN 053 635 715) First Respondent
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