Re Piccardi, K. v. Ex parte Grivas, G. [1987] FCA 416

Re Piccardi, K. v. Ex parte Grivas, G. [1987] FCA 416

The court stood over the decision on reviewing the Registrar’s action pending hearing further evidence on substantive applications to rescind and annul the sequestration order. The existence of substance in those applications may influence the exercise of discretion to review the Registrar’s act.

Parties
Applicant (bankrupt): Kurt Piccardi; Applicant (bankrupt): Gerlinde Piccardi; Respondent (ex Parte Applicant): George Gregory Grivas; Interested Party: Registrar in Bankruptcy
Jurisdiction
Australia
Judgment Date
24 July 1987
Procedural Posture
Bankruptcy / Directions Hearing; Application to Rescind/suspend/annul Sequestration Order; Application to Review Action of Registrar
Outcome
Case adjourned; directions given; substantive review reserved; costs reserved
Legal Topics
Review of Registrar's Actions, Sequestration Order, Rescission or Suspension of Orders, Practice of Registry
Bankruptcy Review of Registrar's Actions Sequestration Order Rescission or Suspension of Orders Practice of Registry

Case Brief

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Parties

Kurt Piccardi

Applicant (bankrupt)

Gerlinde Piccardi

Applicant (bankrupt)

George Gregory Grivas

Respondent (ex Parte Applicant)

Registrar in Bankruptcy

Interested Party

Procedural Posture

Bankruptcy / Directions Hearing; Application to Rescind/suspend/annul Sequestration Order; Application to Review Action of Registrar

Legal Issues

  1. 1 Whether the Registrar's action in signing and sealing the sequestration order should be reviewed
  2. 2 Whether the application to rescind/suspend and annul the sequestration order has substance

Ratio Decidendi

The court stood over the decision on reviewing the Registrar’s action pending hearing further evidence on substantive applications to rescind and annul the sequestration order. The existence of substance in those applications may influence the exercise of discretion to review the Registrar’s act.

Court Disposition

Case adjourned; directions given; substantive review reserved; costs reserved

Orders

  • Applicants to file any further affidavits by 4 pm 30 July 1987
  • Creditors to file affidavits by 4 pm 13 August 1987