Rasevi Pty Ltd v Udowenko, in the matter of Udowenko [2002] FCA 1397

Rasevi Pty Ltd v Udowenko, in the matter of Udowenko [2002] FCA 1397

Because there was no appearance by or on behalf of Michael or Helen Udowenko, and Wolodymyr Udowenko did not seek again to appear on their behalf, the Court was prepared to make the orders sought by the petitioning creditor dismissing the notice of motion under O 10 r 3 of the Federal Court Rules and ordering costs.

Jurisdiction
Australia
Judgment Date
12 November 2002
Procedural Posture
Bankruptcy; Review of Registrar's Sequestration Orders / Notice of Motion
Outcome
The notice of motion was dismissed pursuant to O 10 r 3 of the Federal Court Rules, and the respondents were ordered to pay the applicant's costs.
Legal Topics
['sequestration Orders' "review of Registrar's Judgment" 'dismissal for Non Appearance' 'costs']
['bankruptcy' 'civil Procedure'] ['sequestration Orders' "review of Registrar's Judgment" 'dismissal for Non Appearance' 'costs']

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Procedural Posture

Bankruptcy; Review of Registrar's Sequestration Orders / Notice of Motion

Legal Issues

  1. 1 ["Whether the notice of motion for review of the Registrar's judgment should be dismissed in default of appearance by the applicants in the notice of motion under O 10 r 3 of the Federal Court Rules." 'Whether the applicant should have its costs of the notice of motion.']

Ratio Decidendi

Because there was no appearance by or on behalf of Michael or Helen Udowenko, and Wolodymyr Udowenko did not seek again to appear on their behalf, the Court was prepared to make the orders sought by the petitioning creditor dismissing the notice of motion under O 10 r 3 of the Federal Court Rules and ordering costs.

Court Disposition

The notice of motion was dismissed pursuant to O 10 r 3 of the Federal Court Rules, and the respondents were ordered to pay the applicant's costs.

Orders

  • ['The notice of motion is dismissed pursuant to O 10 r 3 of the Federal Court Rules.' "The respondents pay the applicant's costs."]