Rasevi Pty Limited v Udowenko, in the matter of Udowenko [2003] FCA 95

Rasevi Pty Limited v Udowenko, in the matter of Udowenko [2003] FCA 95

The motion was dismissed because no sufficient cause was shown to go behind the Supreme Court judgment debt and the Court accepted the process server's evidence that the bankruptcy notice had been served on Michael and Helen Udowenko, notwithstanding Mr Udowenko's denial.

Jurisdiction
Australia
Judgment Date
07 February 2003
Procedural Posture
Bankruptcy Proceeding Concerning Sequestration Orders / Notice of Motion Filed on 10 December 2002 Seeking to Set Aside Orders Made by Moore J on 12 November 2002 Dismissing an Earlier Motion
Outcome
Motion dismissed.
Legal Topics
['sequestration Orders' 'bankruptcy Notice' 'service of Bankruptcy Notice' 'setting Aside Orders' 'going Behind Judgment Debt' 'costs']
['bankruptcy' 'civil Procedure'] ['sequestration Orders' 'bankruptcy Notice' 'service of Bankruptcy Notice' 'setting Aside Orders' 'going Behind Judgment Debt' 'costs']

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Procedural Posture

Bankruptcy Proceeding Concerning Sequestration Orders / Notice of Motion Filed on 10 December 2002 Seeking to Set Aside Orders Made by Moore J on 12 November 2002 Dismissing an Earlier Motion

Legal Issues

  1. 1 ["Whether the Court should set aside Moore J's orders dismissing the motion to set aside Registrar Hedge's sequestration orders against Michael Udowenko and Helen Udowenko." 'Whether the Supreme Court judgment on which the bankruptcy notice was based should be inquired into or treated as fraudulently obtained.' 'Whether the bankruptcy notice was served on Michael Udowenko and Helen Udowenko.']

Ratio Decidendi

The motion was dismissed because no sufficient cause was shown to go behind the Supreme Court judgment debt and the Court accepted the process server's evidence that the bankruptcy notice had been served on Michael and Helen Udowenko, notwithstanding Mr Udowenko's denial.

Court Disposition

Motion dismissed.

Orders

  • ['The motion brought by notice of motion filed on 10 December 2002 be dismissed.' 'Michael Udowenko and Helen Udowenko pay the costs of Rasevi Pty Limited of that motion.']