NSW Caselaw
New South Wales Supreme Court
CITATION : Zeaiter v Reliance Financial Services [2008] NSWSC 519
HEARING DATE(S) : 14 May 2008
JUDGMENT DATE : 29 May 2008
JUDGMENT OF : Gzell J
DECISION : Declarations made. 2nd defendant, and not trustee in bankruptcy, ordered to pay plaintiff's costs of the proceedings.
CATCHWORDS : PROCEDURE - Declaratory Relief - That not indebted to 2nd defendant and he holds no security over her property - Cross-claim for moneys owed, declaration that property charged and judicial sale - 2nd defendant became bankrupt - Trustee does not prosecute cross-claim and does not oppose relief claimed by plaintiff - Whether she is entitled to the declarations - Costs - Whether Bankruptcy Act 1966 (Cth), s 58(3)(b) prevents court proceeding with the matter - Whether no hearing on the merits and no order as to costs should be made
Contracts Review Act 1980 LEGISLATION CITED : Fair Trading Act 1987 Trade Practices Act 1974 (Cth) Bankruptcy Act 1966 (Cth)
Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 82 ALJR 173 CASES CITED : Mango Media Pty Ltd v Velingos [2008] NSWSC 202 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622
PARTIES : Annette Theresa Zeaiter (Plaintiff) Sam Peter Cassaniti (Second defendant)
FILE NUMBER(S) : SC 3801/06
COUNSEL : Mr A Fernon (Plaintiff) Mr D Allen (Second defendant)
SOLICITORS : McCabe Terrill Lawyers (Plaintiff) Hancocks Solicitors (Second defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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