Mearns v Australian Litigation Fund Pty Ltd & Anor [2006] FCAFC 81

FEDERAL COURT OF AUSTRALIA

Mearns v Australian Litigation Fund Pty Ltd & Anor [2006] FCAFC 81 BANKRUPTCY - non-compliance with bankruptcy notice – 'Deed of Assignment of Debt' – 'Notice of Assignment' – assignee substituted as petitioner – sequestration order – provision for variation of deed– assignment pursuant to s12 of the Conveyancing Act 1919 (NSW) – assignment must be absolute – provision for variation not a condition – assignment absolute - appeals dismissed Conveyancing Act 1919 (NSW) s12 Australian Litigation Fund Pty Ltd v Mearns & Anor [2005] FMCA 1727 Australian Litigation Fund Pty Ltd v Mearns (No.4) [2005] FMCA 1815 Durham Bros v Robertson [1898] 1 QB 765 Interstate Investment Company Limited v Mobbs (1928) 28 SR (NSW) 572 ROBYN HAYDN MEARNS v AUSTRALIAN LITIGATION FUND & ANOR NSD 2303 of 2005 & NSD 2601 of 2005 NICHOLSON, CONTI and DOWNES JJ 26 MAY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2303 OF 2005 & 2601 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: ROBYN HAYDN MEARNS

APPELLANT

AND: AUSTRALIAN LITIGATION FUND PTY LTD

FIRST RESPONDENT

(ACN 078 747 092)

WILLOUGHBY COMMUNITY PRE-SCHOOL INC

SECOND RESPONDENT

JUDGE: NICHOLSON, CONTI and DOWNES JJ

DATE OF ORDER: 26 May 2006

WHERE MADE: SYDNEY

THE COURT ORDERS:

1. Appeals dismissed with costs.

2. Liberty is reserved within 28 days for the respondents in both appeals to apply to the court for orders that the costs orders just made be taxed on an indemnity basis. Liberty is also reserved within the same time for the respondents in both appeals to apply for a lump sum to be assessed for the costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.