Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Practice and procedure - notice of motion to strike out proceedings or have part of the proceedings separately determined - dissolution and deregistration of respondent corporations - inconvenient joinder - abuse of process.
Bankruptcy Act 1966 Federal Court of Australia Act 1976 - s 22 Re Austral Family Homes Pty Ltd (in liq) (1992) 28 NSWLR 247 - applied Saccharin Corporation Ltd v Wild [1903] 1 Ch 410 - distinguished Williams v Spautz (1992) 174 CLR 509 - cited RE THEODORE CONSTANTINE MORRIS; EX PARTE: MAX CHRISTOPHER DONNELLY AS TRUSTEE OF THE BANKRUPT ESTATE OF T C MORRIS v COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED & ORS No. NB 3283 of 1993
REASONS FOR JUDGMENT (No. 1)
JUDGE: Beaumont J
PLACE: Sydney
DATE: 7 August 1997
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NB 3283 of 1993
RE: THEODORE CONSTANTINE MORRIS
EX PARTE: MAX CHRISTOPHER DONNELLY AS TRUSTEE OF THE BANKRUPT ESTATE OF T C MORRIS
APPLICANT
AND: COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED
FIRST Respondent
MONARTH PTY LIMITED
SECOND RESPONDENT
CEDRIM PTY LIMITED
THIRD RESPONDENT
LOUIS CONSTANTINE MORRIS
FOURTH RESPONDENT
ENID ROSLYN SIVELL (WHITBREAD)
FIFTH RESPONDENT
HELEN ANASTOPOULOS (ELLEN MONTZOUROPOULOS)
SIXTH RESPONDENT
YIANOULA (JENNIFER ) MORRIS
SEVENTH RESPONDENT
THEODORE CONSTANTINE MORRIS
EIGHTH RESPONDENT
JUDGE: BEAUMONT J DATE OF ORDER: 7 AUGUST 1997 WHERE MADE: SYDNEY
ORDERS: 1. Strike the names of the second and third respondents from the record of the proceedings. 2. Strike out pars 45-49, inclusive, of the statement of claim. 3. Note that claims 1 to 5, inclusive, in the application are no longer pursued. 4. Order that the notice of motion otherwise stand over to a time to be fixed. Reserve liberty, in this connection, to the first respondent to apply to restore its notice of motion on such notice, if any, as the Court should allow. 5. Costs of the notice of motion reserved. 6. Strike the names of the fourth and fifth respondents from the record of the proceedings. Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
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