Michaelis, H.M. & Anor v. Contec Nominees Pty Ltd [1987] FCA 185

_

[Ss

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

NOT FOR DISTRIBUTION

Nos. ACT G 64 of 1986, ACT G 65 of 1986,

DISTRICT REGISTRY

ACT G 67 of 1986.

GENERAL DIVISION

) ) } ) ACT G 66 of 1986, ) ) )

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN : HERBERT MAX MICHAELIS and NANCY MABEL MICHAELIS

Appellants

AND: CONTEC NOMINEES PTY. LIMITED

Respondent

MINUTE OF ORDER

Poti

JUDGE MAKING ORDER : Neaves J. nme 2 2 APR 1927 DATE OF ORDER : 15 April 1987 =} FEDERAL COURT OF TA AUSTRALIA WHERE MADE : Canberra an FRUCIPAL THE COURT: ~~ 1. Declares that the applicants, Herbert Max Michaelis

and Nancy Mabel Michaelis are not entitled, either

by virtue of sub-s.60(4) of the Bankruptcy Act 1966 (Cth) or otherwise, to continue in their own names the appeals to this Court from judgments of the Supreme Court of the Australian Capital Territory, such appeals being numbered ACT G 64 of 1986, ACT G 65 of 1986, ACT G 66 of 1986 and ACT G 67 of 1986.

Orders that the applicants, Herbert Max Michaelis and Nancy Mabel Michaelis, pay the costs of the respondent, Contec Nominees Pty. Limited, of the application.

Declares that it has no jurisdiction to strike out the said appeals numbered ACT G 64 of 1986, ACT G 65 of 1986, ACT G 66 of 1986 and ACT G 67 of 1986.

Directs that the sum of $2,148.29 standing to the credit of the Federal Court of Australia Litigants' Fund on account of Herbert Max Michaelis and Nancy Mabel Michaelis be withdrawn and paid to the Official Trustee in Bankruptcy as trustee of the bankrupt estates of the said Herbert Max Michaelis

and Nancy Mabel Michaelis.

Note: Settlement and entry of orders 1s dealt with in Order 36

of the Rules.

Federal Court Rules and in rule 124 of the Bankruptcy

IN THE FEDERAL COURT OF AUSTRALIA Nos. ACT G 64 of 1986, ACT G 65 of 1986, ACT G 66 of 1986, ACT G 67 of 1986.