Taylor v Hatzipapas, in the matter of Hatzipapas [2023] FCA 153

FEDERAL COURT OF AUSTRALIA Taylor v Hatzipapas, in the matter of Hatzipapas [2023] FCA 153 File number(s): NSD 79 of 2023

Judgment of: GOODMAN J

Date of judgment: 1 March 2023

Catchwords: PRACTICE AND PROCEDURE – Applicant seeks order for substituted service – order made

Legislation: Bankruptcy Act 1966 (Cth), ss 30, 77CA Federal Court Rules (2011) (Cth), rr 1.34, 8.06, 10.01, 10.24

Cases cited: AMD Resources Ltd v AU Gold Pty Ltd, AMD Resources Ltd [2022] FCA 1212 Commissioner of Taxation v Zeitouni [2013] FCA 1011; (2013) 306 ALR 603 Ford, Careers Australia Group Ltd (in liq) v Mansfield [2022] FCA 173 Puddick v Hatzipapas [2020] FCCA 1070 Ross v Cotter [2015] FCA 310 Tax Practitioners Board v Buckland [2022] FCA 1376

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 22

Date of hearing: 1 March 2023

Counsel for the Applicant: Mr P Knowles SC

Solicitor for the Applicant: O'Loughlin Westhoff

ORDERS NSD 79 of 2023 IN THE MATTER OF HATZIPAPAS BETWEEN: BARRY ANTHONY TAYLOR IN HIS CAPACITY AS A TRUSTEE IN BANKRUPTY OF HATZIPAPAS Applicant

AND: GEORGE HATZIPAPAS Respondent

order made by: GOODMAN J DATE OF ORDER: 1 MARCH 2023

THE COURT ORDERS THAT:

1. Pursuant to r 10.24 of the Federal Court Rules 2011 (Cth), the applicant be granted leave to serve sealed copies of: (1) the application dated 31 January 2023; (2) the affidavit of Mr Barry Taylor affirmed on 31 January 2023 (with paragraph 40 and Annexure BAT-19 deleted); and (3) these Orders, (together, the Documents) by taking each of the following actions: (a) leaving the Documents in the letterbox at 101 Bridgnorth Street, Carindale QLD 4152; (b) leaving the Documents as close as is reasonably practicable to the front door of the dwelling situated at 101 Bridgnorth Street, Carindale QLD 4152; (c) sending the Documents by email to the following email addresses: (i) sniper002016@gmail.com; (ii) georgepapas1@hotmail.com; (iii) georgepapas002@gmail.com; (iv) john.tomaras@williamroberts.com.au; (d) sending or causing to be sent an SMS message to the mobile telephone number 0474 455 529 in the following terms: "IMPORTANT: YOUR URGENT ATTENTION IS REQUIRED. DO NOT IGNORE THIS MESSAGE. The Federal Court of Australia has today made orders that directly impact you on the application of your bankruptcy trustee, Mr Barry Taylor of HLB Mann Judd. A sealed copy of these orders has been left the letterbox at 101 Bridgnorth Street, Carindale QLD 4152. Copies have also been emailed to "sniper002016@gmail.com", "georgepapas1@hotmail.com", "georgepapas002@gmail.com", and to Mr John Tomaras of William Roberts, at "john.tomaras@williamroberts.com.au". You can also obtain a sealed copy of the orders made today by requesting that they be provided to you from any of the following people: (i) your bankruptcy trustee, Barry Taylor, either by email at "btaylor@hlbnsw.com.au" or by calling +61 (2) 9020 4115; and (ii) your bankruptcy trustee's lawyer, Jonathan O'Loughlin, by emailing "jonathan@olwlaw.com.au", or by calling +61 416 772 835. It is very important that you do not ignore this message." 2. Pursuant to r 10.24 of the Rules, service of the Documents is taken to have been effected upon completion of the actions identified in Order (1)(a) to (d). 3. The proceeding be listed for a case management hearing at 9:30am (AEDT) on 16 March 2023. 4. Costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.