Reid v Interarch Australia Pty Limited (ACN 069 490 795) [2000] FCA 1328

FEDERAL COURT OF AUSTRALIA

Reid v Interarch Australia Pty Limited (ACN 069 490 795) [2000] FCA 1328

PRACTICE AND PROCEDURE – motion for summary judgment seeking to enforce settlement agreement after default on payment under settlement deed - whether fresh proceedings should be instituted – whether substantial matters in controversy are involved beyond the ambit of the proceedings as originally constituted – whether, in the interests of justice, disposition of the matter on summary application is appropriate BANKRUPTCY – provable debt - whether the claim against the second respondent should be characterised as arising by reason of a contract or promise – whether the second respondent was precluded from entering the deed of settlement by reason of his bankruptcy - s 82(2) Bankruptcy Act 1958 (Cth) concerns only claims for damages for breach of the bankrupt's contract or promise, not that of third parties – test is whether the contract or promise constitutes an essential element of the cause of action

Bankruptcy Act 1958 (Cth) ss 58(3), 82(1), 82(2), 134(1)(f), 153A Federal Court of Australia Act 1976 (Cth) ss 51A, 52 Trade Practices Act 1974 (Cth) ss 52, 75B, 82

Re Alston (1899) 16 WN (NSW) 22 cited Darling Downs Investments Pty Limited v Ellwood (1988) 18 FCR 510 cited Phillips v Walsh (1990) 20 NSWLR 206 applied Victor v Victor [1912] 1 KB 247 cited Aliferis v Kyriacou [2000] VSCA 123 applied CATHERINE GAY REID & ANOR v INTERARCH AUSTRALIA PTY LIMITED (ACN 069 490 795) & ANOR NG 981 OF 1998 HELY J 19 SEPTEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 981 OF 1998

BETWEEN: CATHERINE GAY REID

FIRST APPLICANT

ACTIVE CARE PHARMACIES (AUST) PTY LIMITED

(ACN 081 486 222)

SECOND APPLICANT