Re Sleiman, Hazzib Ex Parte Sleiman, Hazzib v Dojif Pty Ltd [1984] FCA 332

Re Sleiman, Hazzib Ex Parte Sleiman, Hazzib v Dojif Pty Ltd [1984] FCA 332

There is insufficient basis, on the evidence, to set aside either the bankruptcy notice or the underlying default judgment. Service of the original proceedings was adequately proved, and the debtor failed to establish an adequate cross-claim or factual errors. However, in view of the pending application in the Court of Petty Sessions, operation of the order is suspended to allow pursuit of that application.

Parties
Debtor/applicant: Hazzib Sleiman; Judgment Creditor/respondent: Dojif Pty. Limited
Jurisdiction
Australia
Judgment Date
18 October 1984
Procedural Posture
Bankruptcy Application / Hearing and Decision on Application to Set Aside Bankruptcy Notice and Extend Time to Comply
Outcome
Application to set aside bankruptcy notice dismissed, but operation of the order suspended.
Legal Topics
Bankruptcy Notice, Default Judgment, Service of Process, Extension of Time, Setting Aside Judgment, Costs
Bankruptcy Bankruptcy Notice Default Judgment Service of Process Extension of Time Setting Aside Judgment Costs

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Parties

Hazzib Sleiman

Debtor/applicant

Dojif Pty. Limited

Judgment Creditor/respondent

Procedural Posture

Bankruptcy Application / Hearing and Decision on Application to Set Aside Bankruptcy Notice and Extend Time to Comply

Legal Issues

  1. 1 Whether the bankruptcy notice should be set aside pending an application in the Court of Petty Sessions to set aside the default judgment.
  2. 2 Whether service of the original plaint and default summons was effected on the debtor.
  3. 3 Whether there is a sufficient basis to go behind the default judgment.

Ratio Decidendi

There is insufficient basis, on the evidence, to set aside either the bankruptcy notice or the underlying default judgment. Service of the original proceedings was adequately proved, and the debtor failed to establish an adequate cross-claim or factual errors. However, in view of the pending application in the Court of Petty Sessions, operation of the order is suspended to allow pursuit of that application.

Court Disposition

Application to set aside bankruptcy notice dismissed, but operation of the order suspended.

Orders

  • Dismiss the application to set aside the bankruptcy notice.
  • Suspend the operation of the dismissal until 4 p.m. on 12 November 1984.