FEDERAL COURT OF AUSTRALIA

Samootin v Insolvency and Trustee Service Australia

[2007] FCA 1596

IN THE MATTER OF ALEXANDRA SAMOOTIN v INSOLVENCY AND TRUSTEE SERVICE AUSTRALIA

NSD 2070 OF 2007

JACOBSON J

17 OCTOBER 2007

SYDNEY

THE COURT ORDERS THAT:

1.      Leave be granted to the applicant to file the application and affidavit of Alexandra Samootin sworn 16 October 2007.

2.      Time for service of the application and affidavit be abridged to 10 am on Thursday 18 October 2007.

3.      A copy of the application and affidavit be served on Ms Sally Nash, solicitor, Level 3, 72 Pitt Street Sydney by 10 am Thursday, 18 October 2007.

4.      The application be returnable before Jacobson J as the duty judge at 10.15 am on Friday, 19 October 2007.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

REASONS FOR JUDGMENT

1                     Ms Alexandra Samootin was made bankrupt on 24 May 2006 by a sequestration order made in the Federal Court.  She appears before me this afternoon, in person, seeking urgent orders which are set out in an application.  The application names the Insolvency and Trustee Service Australia as the respondent.  The application seeks an order under s 178 of the Bankruptcy Act 1966 (Cth).  The relief claimed is that Ms Sally Nash, be “estopped from entering into contract negotiations,” on Ms Samootin’s behalf, with Mr Peter John Deans in relation to the payment of a mortgage and certain bills and rental payments. 

2                     In the short time available to me this afternoon, I have been unable to fully understand the basis of the application.  However, annexed to Ms Samootin’s affidavit is a judgment of Palmer J in the Supreme Court of New South Wales (Equity Division) in earlier proceedings brought by Ms Samootin in that court.  Judgment was given on 1 August 2003.  In the introduction to his judgment, Palmer J said this:

“This is a tragic case for all who have been involved in it.  The plaintiff, Ms Samootin, has developed a fixation that she has been a victim of a fraudulent conspiracy between her ex‑husband, the first defendant (“Mr Shea”) and the second defendant (“Mr Deans”) whereby she has been cheated out of her home.  She has commenced proceedings in the Family Court, in this court, and in the Federal Court, all of which she has conducted herself without legal assistance.” 

3                     In light of Justice Palmer’s observations, it may well be that the proceedings which Ms Samootin now wishes to commence are merely an attempt to re‑agitate matters which were before Palmer J some four years ago.  Moreover, I have not been able to satisfy myself as to the competency of the proposed proceeding. 

4                     However, as Ms Samootin appears today without legal representation and apprises me of facts which may give rise to some urgency, I think the appropriate course is to give her leave to file the application and her affidavit of 16 October 2007 in court. 

5                     I will abridge time for service of the application and affidavit to 10 am on Thursday 18 October.  I will direct that a copy of the application and the affidavit be served, in addition, upon Ms Sally Nash, solicitor, at Level 3, 72 Pitt Street, Sydney. 

6                     I will make the application returnable before me on Friday 19 October 2007 at 10.15 am.  However, in view of the short notice that will be given to the official receiver and to Ms Nash, it may be that the proceedings cannot be heard on Friday.  If that is so then the matter would have to be adjourned to be heard before another duty judge at the earliest possible opportunity, bearing in mind the interests of all parties to these proceedings.

7                     Accordingly, the orders I propose to make are as follows:

(1)  I grant leave to the applicant to file the application and affidavit of Alexandra Samootin sworn 16 October 2007.

(2)   I will abridge time for service of the application and affidavit to 10 am on Thursday 18 October 2007.

(3)   I will direct that a copy of the application and affidavit be served on Ms Sally Nash, solicitor, Level 3, 72 Pitt Street Sydney by 10 am Thursday, 18 October 2007.

(4)    I make the application returnable before me as the duty judge at 10.15 am on Friday, 19 October 2007.

8                     I have given this ex tempore judgment this afternoon in the hope that it will be available by tomorrow at lunch time and I will arrange for steps to be taken to provide a copy of the judgment to the official receiver and to Ms Nash.

Associate:

Dated:              18 October 2007