Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Re Carter; Sweeney v Millyard [2000] FCA 1549 BANKRUPTCY - Application by the trustee in bankruptcy to extend the time, if necessary, to make an election to prosecute proceedings commenced by the bankrupts - whether a valid notice for the purposes of s 60(3) Bankruptcy Act 1966 (Cth) had been served on the trustee. Bankruptcy Act 1966 (Cth) ss 33, 60(2), 60(3) Aware Industries Ltd v Robinson (1997) 75 FCR 600 (FC) Foll Re Faulkner; Ex parte Official Receiver (1981) 52 FLR 109 Cited Re Collins; Ex parte Official Trustee in Bankruptcy v Bracher (1986) 10 FCR 209 Cited Abeyratne v Trkulja (1998) 90 FCR 253 Cited Brien v P & E Phontos Pty Ltd [1999] FCA 1072 Cited Re Paterson; Ex parte Official Trustee [2000] FCA 116 Cited Theissbacher v MacGregor Garrick & Co (a firm) [1993] 2 QdR 223 Cited
PETER BRUCE CARTER AND ANTHEA IRENE CARTER (BANKRUPT); PAUL SWEENEY v IAN C MILLYARD
Q7194 OF 2000
COOPER J
BRISBANE
1 NOVEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q7194 OF 2000
IN THE MATTER OF: PETER BRUCE CARTER AND ANTHEA IRENE CARTER (BANKRUPT)
AND: PAUL SWEENEY
APPLICANT
IAN C MILLYARD
RESPONDENT
JUDGE: COOPER J
DATE OF ORDER: 1 NOVEMBER 2000
WHERE MADE: BRISBANE
THE COURT DECLARES THAT: 1. Ian Millyard did not, by his solicitor's letter of 4 November 1999, or at all, give notice of the action sufficient for the purposes of s 60(3) of the Bankruptcy Act 1966 (Cth) to Paul Sweeney as trustee of the estates of Peter Bruce Carter and Anthea Irene Carter ("the bankrupts"). 2. Paul Sweeney, by letter dated 24 February 2000 to the solicitors for Ian Millyard, made a sufficient election in writing for the purposes of s 60(2) of the Bankruptcy Act 1966 (Cth) to prosecute District Court proceedings No 236 of 1998 commenced by the bankrupts against Ian Millyard. THE COURT ORDERS THAT: 1. Ian Millyard pay the trustee's costs of and incidental to his application, including reserved costs, if any, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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