Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
A&S Powerseller Pty Ltd v Kovacic [2020] FCA 459 File number: VID 1287 of 2019
Judge: KERR J
Date of judgment: 7 April 2020
Date of publication of reasons: 8 April 2020
Catchwords: BANKRUPTCY AND INSOLVENCY – application for review of Registrar's decision to make sequestration order – whether "other sufficient cause" under s 52(2) of the Bankruptcy Act 1966 (Cth) for dismissing creditor's petition – no "other sufficient cause" established – application dismissed
Legislation: Bankruptcy Act 1966 (Cth) s 52
Cases cited: Doggett v Commonwealth Bank of Australia [2019] FCAFC 19 Wren v Mahoney [1972] HCA 5; 126 CLR 212
Date of hearing: 7 April 2020
Date of last submissions: 3 April 2020
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 33
Solicitor for the Applicant: Ms Allamby of MST Lawyers
Counsel for the Respondent: Mr Kovacic appeared in person
ORDERS VID 1287 of 2019
BETWEEN: A&S POWERSELLER PTY LTD Applicant
AND: ZORAN KOVACIC Respondent
JUDGE: KERR J DATE OF ORDER: 7 APRIL 2020
THE COURT ORDERS THAT:
1. The Respondent's application for review of the decision of Registrar Ryan to make a sequestration order dated 6 February 2020 be dismissed. 2. The Respondent pay the costs of the Applicant in the sum of $2,470.00. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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