Insurance Manufacturers of Australia Pty Ltd v Sherriff [2000] FCA 1505

FEDERAL COURT OF AUSTRALIA

Insurance Manufacturers of Australia Pty Ltd v Sherriff [2000] FCA 1505

V 7066 of 2000

INSURANCE MANUFACTURERS OF AUSTRALIA PTY LTD ACN 004 208 084

v BRENDAN WAYNE SHERRIFF

AND

V 7418 of 2000

BRENDAN WAYNE SHERRIFF v INSURANCE MANUFACTURERS OF AUSTRALIA PTY LTD ACN 004 208 084 and PETER ROBERT VINCE (as Trustee of the bankrupt estate of Brendan Wayne Sherriff)

RYAN J MELBOURNE 16 OCTOBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 7066 of 2000

BETWEEN: INSURANCE MANUFACTURERS OF AUSTRALIA PTY LTD ACN 004 208 084

Applicant

AND: BRENDAN WAYNE SHERRIFF

Respondent

AND: V 7418 of 2000

BETWEEN: BRENDAN WAYNE SHERRIFF

Applicant

AND: INSURANCE MANUFACTURERS OF AUSTRALIA PTY LTD ACN 004 208 084

Respondent

AND: PETER ROBERT VINCE (as Trustee of the bankrupt estate of Brendan Wayne Sherriff)

Second Respondent

JUDGE: RYAN J

DATE: 16 OCTOBER 2000

PLACE: MELBOURNE

THE COURT ORDERS THAT: 1. That the name of the second respondent appearing in the application No V7418 of 2000 be amended to read "Peter Robert Vince (as Trustee of the Bankrupt Estate of Brendan Wayne Sherriff); 2. That the motion in proceeding V7066 of 2000 be dismissed and that the Petitioning Creditor's costs of that motion be part of its costs to be taxed and paid out of the estate of the bankrupt; 3. The application numbered V7418 of 2000 be dismissed; 4. The costs of the first respondent of the application numbered V7418 of 1999 be taxed and paid out of the estate of the bankrupt as part of that respondent's costs as petitioning creditor in V7066 of 2000; 5. The costs of the second respondent of the application numbered V7418 of 2000 be taxed and retained out of the estate of the bankrupt. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.