Helfenbaum v St George Bank Ltd [2001] FCA 1736

FEDERAL COURT OF AUSTRALIA

Helfenbaum v St George Bank Ltd [2001] FCA 1736 JEFFREY LEON HELFENBAUM v ST GEORGE BANK LIMITED V 140 OF 1999 SUNDBERG J 7 DECEMBER 2001 MEBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 140 OF 1999

BETWEEN: JEFFREY LEON HELFENBAUM

APPLICANT

AND: ST GEORGE BANK LIMITED

RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 7 DECEMBER 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be struck out. 2. The costs of the motion be paid by the applicant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 140 OF 1999

BETWEEN: JEFFREY LEON HELFENBAUM

APPLICANT

AND: ST GEORGE BANK LIMITED

RESPONDENT

JUDGE: SUNDBERG J

DATE: 7 DECEMBER 2001

PLACE: MELBOURNE

EX‑TEMPORE REASONS FOR JUDGMENT 1 The background facts are set out in my earlier judgment: St George Bank v Helfenbaum [1999] FCA 1337. 2 On 14 May 2001 a sequestration order was made against the applicant's estate. On 27 July Mr Paul Pattison was appointed trustee of the estate. On or about 13 September the respondent's solicitors gave the trustee notice pursuant to s 60(3) of the Bankruptcy Act 1966. The notice was in part as follows:

"We have been instructed to hereby provide you with notice pursuant to section 60 of the Bankruptcy Act 1966 that our client, St George Bank Limited, is the respondent to an action instituted by Jeffrey Leon Helfenbaum (AKA Jeffrey Simon Helfenbaum) (the 'Bankrupt') in proceeding no V140/99 (074).

Under section 60(3), you as the trustee, have 28 days to make an election in writing, to either prosecute or discontinue the action. If you do not make an election within 28 days after this notice is served upon you, you will be deemed to have abandoned the action.