Taylor v Hatzipapas, in the matter of Hatzipapas (No 2) [2023] FCA 231

Federal Court of Australia

Taylor v Hatzipapas, in the matter of Hatzipapas (No 2) [2023] FCA 231 File number: NSD 79 of 2023

Judgment of: GOODMAN J

Date of judgment: 16 March 2023

Catchwords: BANKRUPTCY – application for orders under s 30 of the Bankruptcy Act 1966 (Cth) – respondent failed to comply with directions and requirements of his trustee in bankruptcy and with the Act – orders made

Legislation: Bankruptcy Act 1966 (Cth), ss 30, 77

Cases cited: Puddick v Hatzipapas [2020] FCCA 1070 Taylor v Hatzipapas, in the matter of Hatzipapas [2023] FCA 153

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 11

Date of hearing: 16 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 TRUSTEE IN BANKRUPTCY OF GEORGE HATZIPAPAS Applicant

AND: GEORGE HATZIPAPAS Respondent

order made by: GOODMAN J DATE OF ORDER: 16 MARCH 2023

THE COURT ORDERS THAT:

1. Pursuant to section 30(1) and/or section 30(5) of the Bankruptcy Act 1966 (Cth), within 14 days of the date of service of these Orders the respondent is to file with the Official Receiver in Bankruptcy and serve on the applicant a duly completed statement of affairs in compliance with section 54 of the Bankruptcy Act 1966 (Cth). 2. Pursuant to section 30(1) and/or section 30(5) of the Bankruptcy Act 1966 (Cth), within 14 days of the date of service of these Orders the respondent is to comply with the written requirements of the applicant dated 12 May 2020 and 20 August 2020 by (in addition to complying with order 1 above): (a) delivering up to the applicant all property belonging to the respondent that is not listed in sub-section 116(2) of the Bankruptcy Act 1966 (Cth) and/or regulations 27 to 30 of the Bankruptcy Regulations 2021 (Cth); (b) producing to the applicant a list containing the details of all bank and other financial institution accounts operated by the respondent (including bank and other financial institution accounts to which the respondent has access); (c) in addition to (b) above, producing to the applicant copies of all documents, books and records pertaining to the personal and financial affairs of the respondent as well as the financial affairs of any of his associated entities (as defined by sections 5 to 5E of the Bankruptcy Act 1966 (Cth)); (d) surrendering to the applicant the respondent's passport(s) (if any); (e) attending at a location and time to be nominated by the applicant for the purposes of conducting an interview with the applicant; (f) producing to the applicant a statement of account detailing how the proceeds of a loan of $550,000.00 made to the respondent by Zyber Holdings Limited in 2019 ("the Zyber Loan") were spent by the respondent and the purpose(s) for which the proceeds of the loan were spent; (g) producing to the applicant a list containing details of any repayments of the Zyber Loan; (h) producing to the applicant a statement detailing the whereabouts of any money advanced as part of the Zyber Loan that has not been spent or repaid; and (i) producing to the applicant all supporting documentation in respect of (f) and (h) above. 3. The applicant be granted liberty to apply in the event that the respondent fails to comply with orders 1 and 2 above, such liberty to be exercised by contacting the Associate to Goodman J until notification of the allocation of the proceeding to a docket judge; and thereafter to the Associate to the docket judge. 4. The whole of the proceeding be referred to the National Operations Registrar for allocation to a docket judge. 5. Costs be reserved. 6. Pursuant to r 10.24 of the Federal Court Rules 2011 (Cth) ("the Rules"), the applicant be granted leave to serve sealed copies of these Orders by taking each of the following actions: (a) leaving a copy of these Orders in the letterbox at 101 Bridgnorth Street, Carindale QLD 4152; (b) leaving a copy of these Orders as close as is reasonably practicable to the front door of the dwelling situated at 101 Bridgnorth Street, Carindale QLD 4152; (c) sending a copy of these Orders 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; and (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. On 16 March 2023 the Federal Court of Australia made further orders that directly impact you on the application of your bankruptcy trustee, Mr Barry Taylor of HLB Mann Judd. A sealed copy of the orders made on 16 March 2023 has been left in 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 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 (02) 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." 7. Pursuant to r 10.24 of the Rules, service of these Orders is taken to have been effected upon completion of the actions identified in Order (4)(a) to (d). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.