Re Vissaritis, J. v. Ex parte Dimos, M.C. & Ors [1985] FCA 578

Re Vissaritis, J. v. Ex parte Dimos, M.C. & Ors [1985] FCA 578

Given the expenses of resale and heavy loss on resale, it is highly probable applicants are entitled to some substantial damages from the debtor and thus have standing as creditors to bring this application.

Parties
Applicant: Michael Chris Dimos; Applicant: Tilemachos Chris Dimos; Applicant: Vassiliki Dimos (as Executrix of the Will of Chris Dimos deceased); Respondent: James Vissaritis; Respondent: Michael William Hosking (as trustee of the property of James Vissaritis, a debtor)
Jurisdiction
Australia
Judgment Date
14 November 1985
Procedural Posture
Application / Preliminary Hearing on Standing
Outcome
Applicants declared to have standing; application restored to list for further hearing; costs reserved.
Legal Topics
Standing of Creditors, Repudiation of Contract, Assessment of Damages, Measure of Damages, Void or Termination of Composition
Bankruptcy Contract Standing of Creditors Repudiation of Contract Assessment of Damages Measure of Damages Void or Termination of Composition

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Parties

Michael Chris Dimos

Applicant

Tilemachos Chris Dimos

Applicant

Vassiliki Dimos (as Executrix of the Will of Chris Dimos deceased)

Applicant

James Vissaritis

Respondent

Michael William Hosking (as trustee of the property of James Vissaritis, a debtor)

Respondent

Procedural Posture

Application / Preliminary Hearing on Standing

Legal Issues

  1. 1 Do the applicants have standing as creditors to bring an application to declare the composition void or to terminate it?
  2. 2 What is the appropriate measure and timing for assessment of damages following repudiation of a contract for sale of land?

Ratio Decidendi

Given the expenses of resale and heavy loss on resale, it is highly probable applicants are entitled to some substantial damages from the debtor and thus have standing as creditors to bring this application.

Court Disposition

Applicants declared to have standing; application restored to list for further hearing; costs reserved.

Orders

  • Applicants declared to have standing to bring the present application.
  • Application to be restored to the list for callover at 9.30 a.m. on 22 November 1985.