Scott v Bagshaw [1999] FCA 674

FEDERAL COURT OF AUSTRALIA

Scott v Bagshaw [1999] FCA 674

JOHN JOSEPH SCOTT v LEITH GORDON BAGSHAW AND JUDITH HAMPTON BAGSHAW AND PHILLIP GREGORY JEFFERSON AND JAY ARSCOTT STEVENSON AS TRUSTEES OF THE BANKRUPT ESTATE OF LEITH GORDON BAGSHAW

NG 1061 OF 1998

RYAN, MOORE AND MARSHALL JJ 21 MAY 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1061 OF 1998

ON APPEAL FROM A JUDGMENT OF A SINGLE JUDGE OF THE FEDERAL

COURT OF AUSTRALIA

BETWEEN: JOHN JOSEPH SCOTT

Appellant

AND: LEITH GORDON BAGSHAW

First Respondent

JUDITH HAMPTON BAGSHAW

Second Respondent

PHILLIP GREGORY JEFFERSON AND JAY ARSCOTT STEVENSON AS TRUSTEES OF THE BANKRUPT ESTATE OF LEITH GORDON BAGSHAW

Third Respondent

JUDGES: RYAN, MOORE AND MARSHALL JJ

DATE OF ORDER: 21 MAY 1999

WHERE MADE: SYDNEY

MINUTES OF ORDER

THE COURT ORDERS: 1. That the appeal be allowed. 2. That the orders of Whitlam J of 21 September 1998 be set aside. 3. That the application be remitted to Whitlam J to determine such of the issues between the parties as may be necessary, in the light of the reasons of the Full Court published this day, to dispose of the action. 4. That the costs of the proceedings before Whitlam J abide the determination by him of the issues referred to in paragraph 3 of this Order. 5. That the respondents pay the appellant's costs of the appeal, such costs to be taxed in default of agreement. 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 1061 OF 1998

ON APPEAL FROM A JUDGMENT OF A SINGLE JUDGE OF THE FEDERAL

COURT OF AUSTRALIA

BETWEEN: JOHN JOSEPH SCOTT

Appellant