Re Fuller, Michael John; Wily, Hugh Jenner as Trustee of the Estate of Michael John Fuller & Anor v Fuller, Laima & Ors [1998] FCA 948

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SB 699 of 1993

Re: MICHAEL JOHN FULLER

BETWEEN: A Bankrupt

hugh jenner wily as Trustee of the Estate of

michael john fuller

First Applicant

m j fuller services pty limited (in Liquidation)

Second Applicant

AND: laima ann fuller

First Respondent

daiva cecelia fuller and joana maria fuller

Second Respondents

lynn wilkinson and nora wilkinson

Third Respondents

st helier trust company limited

Fourth Respondents

michael john fuller

Fifth Respondent

JUDGE: HILL J

DATE OF ORDER: 31 july 1998

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. Leave be given to file an amended statement of claim so far as concerns paragraphs 58 to 58(j) and 63 to 66 of the further amended statement of claim marked Exhibit 1 relating to the second respondents and paragraphs 46 to 46(h) and 51 to 57 so far as they relate to the first respondent. 2. The proceedings reflected in paragraphs 58 to 58(j) and 63 to 66 of the amended statement of claim relating to the second respondents be remitted to the Supreme Court of South Australia. 3. The applicants within 10 days file in this Court and serve upon the second respondents an amended application and statement of claim dealing only with the matters pleaded in paragraphs 58 to 58(j) and 63 to 66. 4. The second respondents file within a further 10 days defences to that statement of claim, it being noted that the Court has been advised that those defences will do no more than raise an issue that no payments were made either to the second respondents or to any person on their behalf or at their direction. 5. Upon the filing of the defence referred to in the last order, the proceedings constituted then by the amended application and statement of claim be remitted to the Supreme Court of South Australia. That the notice of motion for security for costs be stood over until the matter has been remitted in the event that the parties are unable to reach agreement. 6. The second applicant pay the costs of the second respondents in this Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.