FEDERAL COURT OF AUSTRALIA Chia v State Bank of New South Wales Ltd [2000] FCA 1104 PENG TIN CHIA v STATE BANK OF NEW SOUTH WALES LIMITED, KENNETH JOHN RENNIE, HOYTS MULTI-PLEX CINEMAS PTY LIMITED AND HOYTS CINEMAS LIMITED N 171 OF 2000 TAMBERLIN J SYDNEY 4 AUGUST 2000 IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 171 OF 2000 BETWEEN: PENG TIN CHIA APPLICANT AND: STATE BANK OF NEW SOUTH WALES LIMITED FIRST RESPONDENT KENNETH JOHN RENNIE SECOND RESPONDENT HOYTS MULTI-PLEX CINEMAS PTY LIMITED THIRD RESPONDENT HOYTS CINEMAS LIMITED FOURTH RESPONDENT JUDGE: TAMBERLIN J DATE OF ORDER: 4 AUGUST 2000 WHERE MADE: SYDNEY THE COURT NOTES: That a sequestration order was made against the estate of the applicant by a Registrar of this Court in proceeding No QC7428 of 1998 on 26 April 2000, with the order having been entered on 3 May 2000. That the third and fourth respondents served notice of the present proceedings on the applicant's Trustee in Bankruptcy on 19 May 2000. THE COURT ORDERS: 1. That the application be dismissed as against the respondents. 2. The applicant to pay the respondents' costs of the proceedings. 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 N 171 OF 2000 BETWEEN: PENG TIN CHIA APPLICANT AND: STATE BANK OF NEW SOUTH WALES LIMITED FIRST RESPONDENT KENNETH JOHN RENNIE SECOND RESPONDENT HOYTS MULTI-PLEX CINEMAS PTY LIMITED THIRD RESPONDENT HOYTS CINEMAS LIMITED FOURTH RESPONDENT JUDGE: TAMBERLIN J DATE: 4 AUGUST 2000 PLACE: SYDNEY REASONS FOR JUDGMENT 1 In this matter I am satisfied that this is an appropriate case in which to make an order for dismissal having regard to the decision of Drummond J in Re Gargan; ex parte Gargan v Official Trustee in Bankruptcy (18 August 1995, unreported) and the provisions of O 35 of the Federal Court Rules. Accordingly, I note the matters that are referred to in the first two paragraphs of the short minutes of order and I make the orders contained in paragraphs three and four of the short minutes of order. I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin. Associate: Dated: 21 August 2000 Counsel for the Applicant: No appearance Solicitor for the first and second Respondents:: Minter Ellison Solicitor for the third and fourth Respondents: Gilbert and Tobin Date of Hearing: 4 August 2000 Date of Judgment: 4 August 2000