FEDERAL COURT OF AUSTRALIA
Paradise Constructors & Co Pty Ltd v Cant [2008] FCA 1105
PARADISE CONSTRUCTORS & CO PTY LTD v ANTHONY CANT
VID 577 OF 2008
HEEREY J
25 JULY 2008
MELBOURNE
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
VID 577 OF 2008 |
In the Matter of the Bankrupt Estate of Karel Etl
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BETWEEN: |
PARADISE CONSTRUCTORS & CO PTY LTD Applicant
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AND: |
ANTHONY CANT Respondent
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HEEREY J |
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DATE OF ORDER: |
25 JULY 2008 |
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WHERE MADE: |
MELBOURNE |
THE COURT ORDERS THAT:
1. The application be dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
VID 577 OF 2008 |
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BETWEEN: |
PARADISE CONSTRUCTORS & CO PTY LTD Applicant
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AND: |
ANTHONY CANT Respondent
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JUDGE: |
HEEREY J |
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DATE: |
25 JULY 2008 |
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PLACE: |
MELBOURNE |
REASONS FOR JUDGMENT
1 The applicant seeks leave to appeal from an order made in the Federal Magistrates Court on 24 July 2008 which dismissed the orders sought by the applicant, for injunctions restraining the respondent from distributing any proceeds arising from the sale of any property of the bankrupt, Karel Etl, except by order of the Federal Magistrates Court.
2 It is plain from reading the judgment of the Court of Appeal of the Supreme Court of Victoria on 14 July 2008 in Milhouse General & Mercantile Pty Ltd v Cant (unreported, Sup Ct CA, Vic, Buchanan and Nettle JJA, 3823 of 2008), along with the respondent’s outline of submissions, that this application is an abuse of process.
3 The proposed appeal would have no reasonable prospects of success and I therefore dismiss the application with costs.
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I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Heerey. |
Associate:
Dated: 28 July 2008
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Counsel for the Respondent: |
The applicant appeared in person (by its director, B Strangio) |
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Counsel for the Respondent: |
I Upjohn |
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Solicitor for the Respondent: |
Nunan & Bloom |
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Date of Hearing: |
25 July 2008 |
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Date of Judgment: |
25 July 2008 |
