Samootin v Insolvency and Trustee Service Australia [2007] FCA 1596

Samootin v Insolvency and Trustee Service Australia [2007] FCA 1596

Although the Court could not fully understand the basis of the application and was not satisfied as to the competency of the proposed proceeding, the applicant was self-represented and raised facts that may give rise to urgency; therefore leave to file the application and affidavit was granted, service was abridged,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 October 2007
Procedural Posture
Application Under S 178 of the Bankruptcy Act 1966 (cth) / Urgent Application for Leave to File Application and Affidavit, Abridgment of Service, and Return Date
Outcome
Leave granted to file the application and affidavit; time for service abridged; service on Ms Sally Nash directed; application made returnable before Jacobson J as duty judge.
Legal Topics
['sequestration Order' 'application Under S 178 of the Bankruptcy Act 1966 (cth)' 'leave to File' 'abridgment of Time for Service' 'self Represented Litigant']
['bankruptcy' 'civil Procedure'] ['sequestration Order' 'application Under S 178 of the Bankruptcy Act 1966 (cth)' 'leave to File' 'abridgment of Time for Service' 'self Represented Litigant']

Source-derived case record

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Procedural Posture

Application Under S 178 of the Bankruptcy Act 1966 (cth) / Urgent Application for Leave to File Application and Affidavit, Abridgment of Service, and Return Date

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to file the application and affidavit sworn 16 October 2007.' 'Whether time for service of the application and affidavit should be abridged.' 'Whether the application should be made returnable urgently despite uncertainty as to competency and possible re-agitation of earlier proceedings.']

Ratio Decidendi

Although the Court could not fully understand the basis of the application and was not satisfied as to the competency of the proposed proceeding, the applicant was self-represented and raised facts that may give rise to urgency; therefore leave to file the application and affidavit was granted, service was abridged, service on Ms Sally Nash was directed, and the application was made returnable urgently.

Court Disposition

Leave granted to file the application and affidavit; time for service abridged; service on Ms Sally Nash directed; application made returnable before Jacobson J as duty judge.

Orders

  • ['Leave be granted to the applicant to file the application and affidavit of Alexandra Samootin sworn 16 October 2007.' 'Time for service of the application and affidavit be abridged to 10 am on Thursday 18 October 2007.' 'A copy of the application and affidavit be served on Ms Sally Nash, solicitor, Level 3, 72...