Re Hedditch, Noel Wynyard Ex Parte Dunn, R G [1984] FCA 496

JUDGMENT is, Ale / 54

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IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE No. W208X of 1982

OF NEW SOUTH WALES AND THE

AUSTRALIAN CAPITAL TERRITORY

RE: NOEL WYNVARD HeDDITCH

EX PARTE: R.G. DUNN

CORAM: Lockhart J.

DATE: 8 March 1984 REASONS FOR JUDGMENT LOCKHART J. This is an application to set aside a deed of

assignment pursuant to sub-s. 222(4) of the Bankruptcv Act, the applicant being the trustee of the estate of the debtor under the deed. The matter has been listed today at the request of both parties. for the purpose of obtaining, in effect, preliminary rulings on evidence. because the result of those rulings will

fashion the future course of the application to have the deed set

aside.

The matter is obviously complex, the assets in the estate are many, and serious questions of value may arise. The

course that the parties have adopted, in requesting preliminary

rulings, is perhaps an unusual one, but it is, I think, sensible.

The rulings given today are preliminary only. [It must follow that the court cannot be treated as bound by them in future when the evidence is sought to be adduced at the hearing of the application. It is merely a statement of the Court's present

view on the material presented to it today.

During. the hearing before me today, I was directed to certain parts of the affidavit of Gregory Robert Lloyd, sworn on 12 October 1983, and the many annexures to it, and was asked by both parties to give a preliminary indication or ruling as to the admissability or otherwise of the evidence contained in those parts. I was asked to give the rulings as if today's hearing were the final hearing of the application. The rulings are as follows. and, of course, it is implicit in what I say that

objections have been taken to all the paragraphs and annexures to