Self-isolating tenant dodges bankrupt bid for a week
THE wife of a Queensland car king will have to wait another week in her bid to bankrupt the former tenant of her palatial $5.4m riverfront home.
Lawyers for Tracey Crampton, 60, the wife of Mark Crampton, appeared by telephone in a short hearing in the Federal Court in Brisbane today seeking repayment of $12,820 from Sharon Kavvadas, from West End, over the rental of their Norman Park home in 2016 and for the first few months of 2017.
Solicitor Jason Launchbury, from law firm NR Barbi, for Mrs Kavvadas told the court his client was in "self isolation" due to the coronavirus but "still intends to" pay the bill to avoid bankruptcy but asked for a one month adjournment.
Ben Ryan, from Hillhouse Legal, for Mrs Crampton submitted that the creditor's petition to bankrupt Mrs Kavvadas should proceed and final orders should be made.
Federal Court registrar Katie Lynch agreed to adjourn the case for one week to allow Mr Launchbury time to get instructions and a sworn affidavit from Mrs Kavvadas outlining her financial circumstances.
Mrs Crampton states in the creditor's petition filed in the Federal Court that the Brisbane Magistrates Court ordered the debt to be repaid last year and it relates to a Queensland Civil and Administrative Tribunal (QCAT) dispute over $25,000 in unpaid rent.
Mrs Crampton says in the petition that she served Mrs Kavvadas with a bankruptcy notice on November 29 but Mrs Kavvadas failed to pay by the December 21 deadline.
In 2016 Mr and Mrs Crampton sold their Toowoomba car-dealership company to AP Eagers for $30 million, and also sold their home in East Toowoomba.
In 2017 Mrs Crampton won a QCAT battle with Mrs Kavvadas after Mrs Kavvadas was evicted in March 2017 after police executed a warrant of possession.
Mrs Kavvadas stopped paying the $8225 monthly rent because she claimed the airconditioning, the hot water system and the pool were not working for part of their time at the trophy home, according to the QCAT decision.
QCAT ordered Mrs Kavvadas to pay $15,000 in September 2017.
The tribunal heard that Mrs Crampton replaced the carpet after Mrs Kavvadas moved out, claiming it was stained by dog urine, but Bill Kavvadas told the tribunal it was due to rainwater leaks.
Mrs Crampton bought the Norman Park house in February 2016 and told The Courier-Mail at the time that they would rent it out until they were ready to do extensive renovations on the home.
The case is back in court next Wednesday.
Originally published as Self-isolating tenant dodges bankrupt bid for a week