Kiprovski v Ace Office Furniture Pty Ltd [2017] FCA 1174

FEDERAL COURT OF AUSTRALIA

Kiprovski v Ace Office Furniture Pty Ltd [2017] FCA 1174 File number: NSD 186 of 2017

Judge: FARRELL J

Date of judgment: 28 September 2017

Catchwords: BANKRUPTCY – application to set aside a bankruptcy notice – where debt on which bankruptcy notice relies is judgment entered in absence of applicant – where applicant failed to attend hearing – application by respondent to dismiss proceedings due to failure of applicant to attend – application to set aside bankruptcy notice dismissed

Legislation: Bankruptcy Act 1966 (Cth) s 52 Competition and Consumer Act 2010 (Cth) Sch 2, Australian Consumer Law s 236 Federal Court Rules 2011 (Cth) r 30.21

Cases cited: Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28

Date of hearing: 28 September 2017

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 11

Counsel for the Applicant: The Applicant did not appear

Counsel for the Respondent: Ms J Whitaker

Solicitor for the Respondent: Hunt and Hunt Lawyers

ORDERS NSD 186 of 2017

BETWEEN: DANIEL KIPROVSKI Applicant

AND: ACE OFFICE FURNITURE PTY LTD Respondent

JUDGE: FARRELL J DATE OF ORDER: 28 SEPTEMBER 2017

THE COURT ORDERS THAT:

1. The application filed on 16 February 2017 be dismissed. 2. Mr Kiprovski pay, on an indemnity basis, the respondent's costs of and incidental to the case management hearing on 20 July 2017 and today and otherwise that he pay the respondent's costs on the ordinary basis. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.