Re Morris, Theodore Constantine Ex Parte Donnelly, Max Christopher as Trustee of the Bankrupt Estate of T C Morris v Colonial Mutual Life Assurance Society Ltd & Ors (No.4) [1997] FCA 1119

FEDERAL COURT OF AUSTRALIA RE: 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.4) JUDGE: BEAUMONT J PLACE: SYDNEY DATE: 8 SEPTEMBER 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

(Ordered to be struck out by order of the Court on 7 August 1997)

CEDRIM PTY LIMITED

Third Respondent

(Ordered to be struck out by order of the Court on 7 August 1997)

LOUIS CONSTANTINE MORRIS

Fourth Respondent

(Ordered to be struck out by order of the Court on 7 August 1997)

ENID ROSLYN SIVELL (WHITBREAD)

Fifth Respondent

(Ordered to be struck out by order of the Court on 7 August 1997)

HELEN ANASTOPOULOS (ELLEN MONTZOUROPOULOS)

Sixth Respondent

YIANOULA (JENNIFER) MORRIS

Seventh Respondent

THEODORE CONSTANTINE MORRIS

Eight Respondent

JUDGE: BEAUMONT J DATE OF ORDER: 8 SEPTEMBER 1997 WHERE MADE: SYDNEY

ORDERS: 1. Judgment for the applicant against the first respondent in the sum of $545,000. 2. Order that the first respondent pay the applicant pre-judgment interest in the sum of $178,170.20. 3. The first respondent pay 70 per cent of the applicant's costs of the proceedings.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NB 3283 of 1993

RE: THEODORE CONSTANTINE MORRIS