Albury businessman and prominent racehorse owner Allan Endresz has been declared bankrupt for a fourth time, but is refusing to concede defeat in his marathon legal battle with the federal government.
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His latest legal setback came this week in the Federal Court where the Commonwealth had applied for a sequestrian order and Justice Jacqueline Gleeson ruled that the Commonwealth's legal costs of $19,739 be paid from Mr Endresz's estate.
Mr Endresz opposed the order on multiple grounds, including a submission that the judge couldn't be satisfied that the debt was still owing.
In its application to the court, the Commonwealth stated Mr Endresz owed it $11,588,824 as the balance of a debt order of $18,633,178 made in the ACT Supreme Court six years ago.
Mr Endresz said he was in talks with his legal team about next steps including a right of appeal to the full bench of the Federal Court or seek leave to go straight to the High Court and "blow it apart in one hit".
"Lose a battle, win a war is the game," he said.
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Mr Endresz revealed he had sought to settle the court battle with the federal government dating back to 1999 due to the health concerns of his wife, Joy.
He said the offer was refused leaving him still fighting the Commonwealth on three separate fronts in three different courts.
"The Commonwealth knows its not going to get any money," he said.
"My actions have been about the recovery and damages issues.
"It's become vindictive and I'm responding to that."
In 1999, the Commonwealth commenced legal proceedings which concerned payments of federal funds to Mr Endresz's company CTC Resources.
The payments were made by an employee of a contractor of the Commonwealth subsequently convicted of fraud.
Justice Gleeson said a summary provided by Mr Endresz stated that the judge found the payments were made without parliamentary authority and were therefore illegal and void.
The ACT judge concluded that Mr Endresz, among others, was liable for knowingly assisting in the breaches leading to multiple appeals and other proceedings which have led to the latest bankruptcy application.
The up-and-coming turf star returned a positive to a banned substance following the win.
The owners including Mr Endresz had to forfeit $1.1 million in prizemoney.
Mr Endresz has instigated Supreme Court legal action after stewards found no evidence the horse's trainer, David Vandyke, had administered the banned substance.
