Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Scott v Bagshaw [1999] FCA 1653 COURTS AND JUDICIAL SYSTEM – claim under State cross-vesting laws to enforce charge against trustees of bankrupt estate – whether claim in bankruptcy – proceeding stayed for want of jurisdiction. Bankruptcy Act, 1966, ss 27(1), 31 (1)(b). Baral v Official Trustee in Bankruptcy (1999) 161 ALR 273 considered Re Heiner; Ex parte the Public Curator [1925] SRQ 140 considered Morris v Maroudas (1986) 12 FCR 346 applied Re Summerhayes; Ex parte The Official Assignee (1890) 1 BC(NSW) 24 considered Sutherland v Brien [1999] NSWSC 155 considered Whitbread v Whitbread (1967) 10 FLR 120 considered JOHN JOSEPH SCOTT V LEITH GORDON BAGSHAW & ORS NG 684 of 1994 Whitlam J Sydney 26 November 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 684 OF 1994
BETWEEN: JOHN JOSEPH SCOTT
APPLICANT
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 RESPONDENTS
JUDGE: WHITLAM J
DATE OF ORDER: 26 NOVEMBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The proceeding is stayed for want of jurisdiction.
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 684 OF 1994
BETWEEN: JOHN JOSEPH SCOTT
APPLICANT
AND: LEITH GORDON BAGSHAW
FIRST RESPONDENT
JUDITH HAMPTON BAGSHAW
SECOND RESPONDENT
PHILLIP GREGORY JEFFERSON
and JAY ARSCOTT STEVENSON
as Trustees of the Bankrupt Estate
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