Pekar v Jess (Trustee) [2021] FCA 1325

Federal Court of Australia

Pekar v Jess (Trustee) [2021] FCA 1325 Appeal from: Pekar v Holden (Trustee) [2017] FCA 596

File number(s): VID 81 of 2017

Judgment of: O'CALLAGHAN J

Date of judgment: 27 October 2021

Catchwords: BANKRUPTCY – application to set aside orders for possession of the home of the appellant and her husband (a former bankrupt) – application dismissed PRACTICE AND PROCEDURE – application for leave to institute proceedings – where applicant previously declared vexatious and prohibited from instituting proceedings under s 37AO(2)(b) of the Federal Court of Australia Act 1976 (Cth) – application dismissed

Legislation: Bankruptcy Act 1966 (Cth) s 58(2) Transfer of Land Act 1958 (Vic) s 51(2)

Cases cited: Pekar v Jess (Trustee) [2020] FCA 1250

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 15

Date of hearing: 27 October 2021

Counsel for the Appellant: The appellant appeared in person, with the assistance of her husband, Mr Fima Pekar

Solicitor for the Respondent: Mr J Blaskovic of Rothwell Lawyers Pty Ltd

ORDERS VID 81 of 2017

BETWEEN: IDA PEKAR Appellant

AND: MATTHEW JAMES JESS AND MATTHEW KUCIANSKI AS JOINT TRUSTEES IN BANKRUPTCY FOR THE ESTATE OF FIMA PEKAR Respondent

order made by: O'CALLAGHAN J DATE OF ORDER: 27 OCTOBER 2021

THE COURT ORDERS THAT:

1. The appellant's interlocutory application dated 5 July 2021 be dismissed. 2. Mr Fima Pekar's application for leave to institute a proceeding dated 18 May 2021 be dismissed. 3. The respondents' costs of the applications be taxed and paid out of Mr Fima Pekar's bankrupt estate in accordance with s 109(1)(a) of the Bankruptcy Act 1966 (Cth). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.