Easton v Kostov [2018] FCA 2002

FEDERAL COURT OF AUSTRALIA

Easton v Kostov [2018] FCA 2002 File number: NSD 1029 of 2018

Judge: ROBERTSON J

Date of judgment: 12 December 2018

Catchwords: BANKRUPTCY AND INSOLVENCY – application to review sequestration order made by District Registrar – application for an extension of time to bring application for review – purported notice of discontinuance – non-appearance of the applicant for review (the respondent) at the hearing of her application

Legislation: Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth) s 35A Federal Court Rules 2011 (Cth) rr 3.11, 26.12, 39.03

Date of hearing: 12 December 2018

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 28

Counsel for the Applicant: Mr AE Hopkins

Solicitor for the Applicant: Atanaskovic Hartnell

Counsel for the Respondent: The Respondent did not appear

ORDERS NSD 1029 of 2018

BETWEEN: JEFFREY LIND EASTON Applicant

AND: ADRIANA KOSTOV Respondent

JUDGE: ROBERTSON J DATE OF ORDER: 12 DECEMBER 2018

THE COURT ORDERS THAT:

1. The respondent debtor's application for an extension of time and review of the orders of Registrar Wall made on 18 July 2018 is dismissed. 2. The applicant creditor's costs of the application be paid from the estate of the respondent debtor in accordance with the Bankruptcy Act 1966 (Cth). 3. Pursuant to r 39.03(2) of the Federal Court Rules 2011 (Cth), any further proceedings brought by the respondent debtor against the applicant creditor for the same or substantially the same relief be stayed until the costs the subject of order 2 have been paid. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.