Skalkos v Smiles & Ors [2003] NSWSC 101

New South Wales Supreme Court

CITATION : Skalkos v Smiles & Ors [2003] NSWSC 101 HEARING DATE(S) : 26 February 2003 JUDGMENT DATE : 26 February 2003 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass DECISION : I confirm the decision and dismiss the present application. Kotsakis is to pay the costs of the Notice of Motion filed on 15 October 2002. The Exhibit may be returned.

CATCHWORDS : Review - discretionary power - relevant considerations. LEGISLATION CITED : Bankruptcy Act 1966, s 82, Pt X. John Skalkos (Plaintiff) v James John Smiles (First Defendant/First Cross-Defendant/Second Cross-Defendant/Third Cross-Defendant/Proposed Fifth Cross-Defendant) Archibold George Poulos (Second Defendant/First Cross-Claimant/Third Cross-Claimant/Fourth Cross-Claimant) PARTIES : Smiles Poulos Services Pty Limited (Third Defendant/Second Cross-Claimant/Third Cross-Claimant/Fourth Cross-Claimant) Taxcare Pty Limited (Fourth Defendant/Second Cross-Claimant/Third Cross-Claimant/Fourth Cross-Claimant) Svelte Corporation Pty Limited (Fifth Defendant) Geoff Kotsakis (Sixth Defendant/Third Cross-Defendant/Proposed Fifth Cross-Claimant) FAI General Insurance Company Limited (Fourth Cross-Defendant) FILE NUMBER(S) : SC 21033 of 1995 N/A (Plaintiff) Mr M R Aldridge SC (First Defendant/First Cross-Defendant/Second Cross-Defendant/Third Cross-Defendant/Proposed Fifth Cross-Defendant) N/A (Second Defendant/First Cross-Claimant/Third Cross-Claimant/Fourth Cross-Claimant) N/A (Third Defendant/Second Cross-Claimant/Third Cross-Claimant/Fourth Cross-Claimant) COUNSEL : N/A (Fourth Defendant/Second Cross-Claimant/Third Cross-Claimant/Fourth Cross-Claimant) N/A (Fifth Defendant) Mr R J Bromwich (Sixth Defendant/Third Cross-Defendant/Proposed Proposed Fifth Cross-Claimant) N/A (Fourth Cross-Defendant) N/A (Plaintiff) Eric F Abreu (First Defendant/First Cross-Defendant/Second Cross-Defendant/Third Cross-Defendant/Proposed Fifth Cross-Defendant) N/A (Second Defendant/First Cross-Claimant/Third Cross-Claimant/Fourth Cross-Claimant) SOLICITORS : N/A (Third Defendant/Second Cross-Claimant/Third Cross-Claimant/Fourth Cross-Claimant) N/A (Fourth Defendant/Second Cross-Claimant/Third Cross-Claimant/Fourth Cross-Claimant) N/A (Fifth Defendant) Heaney, Richardson & Nemes (Sixth Defendant/Third Cross-Defendant/Proposed Fifth Cross-Claimant) N/A (Fourth Cross-Defendant)