CSM Lawyers Pty Ltd v Manzo, in the matter of Manzo [2023] FCA 236

Federal Court of Australia

CSM Lawyers Pty Ltd v Manzo, in the matter of Manzo [2023] FCA 236 File number(s): QUD 417 of 2021

Judgment of: DOWNES J

Date of judgment: 21 March 2023

Catchwords: BANKRUPTCY AND INSOLVENCY – application by respondent to set aside sequestration order made by registrar – whether s 52(1) Bankruptcy Act 1966 (Cth) satisfied – whether valid service of bankruptcy notice and creditor's petition – where creditor's petition not served personally – where notice of appearance entered by respondent – where respondent failed to file statement of affairs – where respondent relied upon third party support to seek to establish solvency – where evidence failed to establish that respondent is able to pay his debts as and when they fall due – where respondent failed to establish other sufficient cause to set aside sequestration order – application dismissed and decision of registrar affirmed

Legislation: Acts Interpretation Act 1901 (Cth), s 28A Bankruptcy Act 1966 (Cth), ss 5(2), 40(1)(g), 41(1), 43, 44(1), 47, 52, 54, 306 Electronic Transactions Act 1999 (Cth), s 9(1)(d) Evidence Act 1995 (Cth), ss 59, 160 Federal Court of Australia Act 1976 (Cth), s 35A(5) Bankruptcy Regulations 2021 (Cth), reg 102 Federal Court (Bankruptcy) Rules 2016 (Cth), rr 1.04, 4.05 Federal Court Rules 2011 (Cth), rr 8.06, 10.11

Cases cited: Ace Contractors & Staff Pty Ltd v Westgarth Development Pty Ltd [1999] FCA 728 Australian Securities and Investments Commission v Forge (2003) 133 FCR 487; [2003] FCAFC 274 Bechara v Bates (2021) 286 FCR 166; [2021] FCAFC 34 Carna Group Pty Ltd v Griffin Coal Mining Company (No 6) (2021) 157 ACSR 224; [2021] FCA 1214 Corney v Brien (1951) 84 CLR 343; [1951] HCA 31 Chan v First Strategic Development Corporation Limited (in liq) [2015] QCA 28 Culleton v Balwyn Nominees Pty Ltd (2017) 343 ALR 632; [2017] FCAFC 8 De Robillard v Carver (2007) 159 FCR 38; [2007] FCAFC 73 Francis v Eggleston Mitchell Lawyers Pty Ltd [2014] FCAFC 18 Lewis v Doran (2004) 184 FLR 454; [2004] NSWSC 608 Ling v Enrobook Pty Ltd (1997) 74 FCR 19; [1997] FCA 226 Lowbeer v De Varda (2018) 264 FCR 228; [2018] FCAFC 115 Ramsay Health Care Australia Pty Ltd v Compton (2017) 261 CLR 132; [2017] HCA 28 Shaw v Yarranova Pty Ltd (2017) 252 FCR 267; [2017] FCAFC 88 Thompson v Lane (Trustee) (No 3) [2022] FCA 128 Thompson v Lane (Trustee) [2023] FCAFC 32 Toyota Finance Australia Limited v Youssef Berro [2022] FCA 497 Whitton as Trustee of the Estate of John Emmanuel Rose v Regis Towers Real Estate Pty Ltd (In Administration) (2007) 161 FCR 20; [2007] FCAFC 125 Wren v Mahony (1972) 126 CLR 212; [1972] HCA 5