One Managed Investment Funds Ltd v Pitard [2021] FCA 738

Federal Court of Australia

One Managed Investment Funds Ltd v Pitard [2021] FCA 738 File number: VID 87 of 2021

Judgment of: O'BRYAN J

Date of judgment: 30 June 2021

Catchwords: BANKRUPTCY AND INSOLVENCY – application for order under s 208 of the Bankruptcy Act 1966 (Cth) – where effective authority given under s 188 – where creditor's meeting fails to pass any resolution under s 204 – whether special circumstances exist for the making of an order under s 208 – whether order under s 208 necessary before making a sequestration order under s 43

Legislation: Bankruptcy Act 1966 (Cth) ss 40(1)(g), 43, 44(1), 47, 52(1), 52(2), 52(4), 156A, 188, 189(1), 189(1A)(f), 189AAA, 204, 208 Federal Court (Bankruptcy) Rules 2016 (Cth) rr 4.02, 4.06(3)

Cases cited: Commissioner of Taxation v Johns (2005) 144 FCR 112

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 31

Date of hearing: 30 June 2021

Counsel for the Applicant: B Slocum

Solicitor for the Applicant: Allens

Solicitor for the Respondent: J Leung, Strongman & Crouch

ORDERS VID 87 of 2021 IN THE MATTER OF SIMON MAURICE PITARD BETWEEN: ONE MANAGED INVESTMENT FUNDS LTD Applicant

AND: SIMON MAURICE PITARD Respondent

order made by: O'BRYAN J DATE OF ORDER: 30 JUNE 2021

THE COURT ORDERS THAT: 1. Pursuant to s 47B of the Federal Court of Australia Act 1976 (Cth), the parties be permitted to appear before the Court and to make submissions to the Court, whether in person or through a legal representative, by way of video link. 2. Unless the Court otherwise orders, no person, being a member of the public, who is observing the hearing by accessing any video link, audio link or other means may: (a) make any video or audio recording or photography of the hearing or any part of it; or (b) participate in or interrupt the hearing, provided that nothing in this order shall prevent any person, based on what they have heard during the hearing: (c) making their own notes or record of the proceeding; or (d) publishing a fair report of the proceeding. 3. The estate of Simon Maurice Pitard be sequestrated under the Bankruptcy Act 1966 (Cth). 4. The Applicant Creditor's costs fixed in the sum of $2,718 be paid from the estate of the Respondent Debtor in accordance with the Bankruptcy Act 1966 (Cth). THE COURT NOTES THAT: A. The date of the act of bankruptcy is 17 January 2021. B. A consent to act as trustee signed by Andrew John Scott has been filed under s 156A of the Bankruptcy Act 1966 (Cth). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.