Sturdy Components Pty Ltd v Trustee of the Bankrupt Estate of Sturt [2000] FCA 884

FEDERAL COURT OF AUSTRALIA

Sturdy Components Pty Ltd v Trustee of the Bankrupt Estate of Sturt [2000] FCA 884 BANKRUPTCY – leave to continue cross-claim in Supreme Court proceedings under ss 58(3) and 249 (3) – power to make orders nunc pro tunc – relevant considerations and imposition of conditions. Bankruptcy Act 1966, ss 58(3), 249(3)

Re Veghelyi Smith v Official Trustee in Bankruptcy (1993) 45 FCR 413 at 417 followed In the matter of the Bankrupt Estate of Sharp; Ex parte Tietyens Investments Pty Ltd (in liq) (Weinberg J,unreported, 26 October 1998) followed Re Rose; Ex parte Devaban Pty Ltd (Hill J, unreported, 7 October 1994) followed Fraser v Commissioner of Taxation (1996) 69 FCR 99 referred to Allanson v Midland Credit Ltd (1977) 30 FLR 108 applied

STURDY COMPONENTS PTY LIMITED v TRUSTEE OF THE BANKRUPT ESTATE OFRONALD STURT N 7546 of 2000

BURCHETT J 22 JUNE 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7546 OF 2000

BETWEEN: STURDY COMPONENTS PTY LIMITED

Applicant

AND: TRUSTEE OF THE BANKRUPT ESTATE OF RONALD STURT

Respondent

AND BETWEEN: STURDY COMPONENTS PTY LIMITED

Applicant

AND: TRUSTEE OF THE ESTATE OF THE LATE FRANK MERVYN CHARLES

Respondent

JUDGE: BURCHETT J

DATE OF ORDER: 22 JUNE 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: (1) Leave, nunc pro tunc, to pursue the cross-claims the subject of the application in each case, be granted, subject to conditions:

(a) That no step be taken to enforce any judgment obtained either against the bankrupt personally (in the case of the individual bankruptcy) or against the estate of the deceased (in the other case) without the prior leave of the Federal Court of Australia in its bankruptcy jurisdiction.