Kostov v Amelie Housing (NCAT Appeal) [2019] NSWSC 16

Supreme Court New South Wales

Medium Neutral Citation: Kostov v Amelie Housing (NCAT Appeal) [2019] NSWSC 16 Hearing dates: 21 November 2018 and 31 January 2019 Date of orders: 01 February 2019 Decision date: 01 February 2019 Jurisdiction: Common Law Before: Fagan J Decision: (1) The summons is dismissed. (2) The plaintiff is to pay the defendant's costs of the proceedings in the sum of $10,500. Catchwords: BANKRUPTCY – definition of property – divisible property – when property vests in Official Trustee – Trustee obtains/gains power to adopt proceedings – defendant lacks standing to commence proceedings – summons dismissed – specified gross sum order for costs – plaintiff to pay defendant's costs Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW) Cases Cited: Daemar v Industrial Commission of New South Wales (1988) 12 NSWLR 45 Kostov v Ecclesia Housing Limited [2018] NSWCATAP 196 Kostov v Ecclesia Housing (No 2) [2018] NSWCATAP 215 Moss v Eaglestone [2011] NSWCA 404 Moss v Eaglestone (2011) 257 FLR 96 Rana v Musolino [2009] FCA 476 Category: Principal judgment Parties: Adriana Kostov (plaintiff) St Vincent de Paul Housing t/as Amelie Housing Representation: Solicitors: Adriana Kostov (self-represented plaintiff) Peterson Haines File Number(s): 2018/00300286 Publication restriction: No Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Kostov v Ecclesia Housing Limited [2018] NSWCATAP 196 Date of Decision: 16 August 2018 Before: M Schyvens, Deputy PresidentD Goldstein, Senior Member File Number(s): AP 18/28381