Maas, Nicholas Christopher v Maas, Jill Elizabeth & Anor [1998] FCA 1447

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 283 of 1998

on appeal from a judgment of a single judge

of the family court of australia

BETWEEN: NICHOLAS CHRISTOPHER MAAS

Appellant/Second Cross Respondent

AND: JILL ELIZABETH MAAS

First Respondent/First Cross Respondent

RICHARD CAMPBELL BRIEN

Second Respondent/Cross Appellant

JUDGES: RYAN, HEEREY AND TAMBERLIN JJ

DATE OF ORDER: 16 NOVEMBER 1998

WHERE MADE: SYDNEY

THE COURT ORDERS: 1. That the cross appeal of Richard Campbell Brien ("the trustee") be allowed in part. 2. That the orders of the Family Court of 27 July 1998 be varied by setting aside paragraphs 2 and 3 thereof and in lieu thereof it be ordered as follows: 2. That the trustee's taxed costs of the application, together with any costs which he is required to pay to the wife pursuant to paragraph 1 of this order, be paid or retained out of any property of the husband still vested in the trustee, and, to the extent of any deficiency in such property be recoverable in accordance with s. 154(2) of the Bankruptcy Act 1966. 3. That the first respondent, Jill Elizabeth Maas ("the wife") pay the trustee's costs of the cross appeal limited to the costs of and incidental to the hearing on 11 November 1998. 4. That the cross appeal be otherwise dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 283 of 1998

on appeal from a JUDGMENT OF A single judge

of the family court of australia

BETWEEN: NICHOLAS CHRISTOPHER MAAS

appellant/Second Cross Respondent

AND: JILL ELIZABETH MAAS

First Respondent/First Cross Respondent