Green v Official Trustee in Bankruptcy, in the matter of Schneller (Bankrupt) [2001] FCA 1644

FEDERAL COURT OF AUSTRALIA

Green v Official Trustee in Bankruptcy, in the matter of Schneller (Bankrupt) [2001] FCA 1644

IN THE matter of jenNifer ann schneller, a bankrupt RICHARD GREEN v OFFICIAL TRUSTEE IN BANKRUPTCY N 7469 OF 2001 HILL J 6 NOVEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7469 OF 2001

IN THE matter of jenNifer ann schneller, a bankrupt

BETWEEN: RICHARD GREEN

APPLICANT

AND: OFFICIAL TRUSTEE IN BANKRUPTCY

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 6 NOVEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave be granted to Mr Green to continue proceedings 3331 of 2001 in the Equity Division of the Supreme Court of New South Wales against Jennifer Ann Schneller and Paul Ronald Schneller and to take all necessary steps in those proceedings together with all necessary fresh steps.

2. Leave is granted without prejudice to any issues of substance which may arise in the Supreme Court proceedings.

3. The applicant pay the Official Trustee's costs and there be no order for costs in respect of Mr Dennis.

THE COURT NOTES THE FOLLOWING UNDERTAKINGS BY THE APPLICANT:

1. To recover the property at 42 Upper Cliff Road Northwood and not seek final relief without 7 days notice to the Official Trustee.

2. Not to oppose the Official Trustee being joined in the Supreme Court proceedings at any time.

3. To hold the benefit of any order made for the Official Trustee on behalf of the bankrupt estate of Mrs Schneller.

4. To seek amendment of the amended summons filed in the Supreme Court proceedings so as to delete the claim for an order that the first defendant's share of the proceedings (sic) be forthwith applied in satisfaction or partial satisfaction of the plaintiff's judgments against the first defendant and for the costs of the Supreme Court proceedings.