McKellar v Container Terminal Management Services Ltd (No 4) [2002] FCA 185

FEDERAL COURT OF AUSTRALIA

McKellar v Container Terminal Management Services Ltd (No 4) [2002] FCA 185

BANKRUPTCY – application by respondents for orders that proceedings be stayed pending payment of costs orders earlier made and for security for future costs – belated discovery that second applicant an undischarged bankrupt – whether s 60(2) of the Bankruptcy Act 1966 (Cth) operates to stay action by both applicants

Bankruptcy Act 1966 (Cth) ss 60(2), (3) and (4)

McKellar v Container Terminal Management Services Ltd (1999) 165 ALR 409 referred to

McKellar v Container Terminal Management Services Ltd [1999] FCA 1639 referred to

McKellar v Container Terminal Management Services Ltd (No 2) [2000] FCA 1608 referred to

McKellar v Container Terminal Management Services Ltd (No 3) [2001] FCA 11 referred to

Beckham v Drake (1849) 2 HLC 579 at 604; 9 ER 1213 at 1222 referred to

Cox v Journeaux (No 2) (1935) 52 CLR 713 at 721 referred to

Faulkner v Bluett (1981) 52 FLR 115 at 119 referred to

Daemar v Industrial Commission (NSW) (1988) 12 NSWLR 45 referred to

Manningel v Hewlett (unreported, New South Wales Court of Appeal, 12 June 1991)

Re: Dosanjh; Ex parte Duus (1995) 56 FCR 521 referred to

Bryant v Commonwealth Bank of Australia (1997) 75 FCR 545 referred to

Re Lofthouse (2001) 107 FCR 151 followed

John v Neiman Holdings Pty Limited (1986) 84 FLR 84 followed

Campbell v Metway Leasing Ltd [2001] FCA 1311 referred to

ANDREW McKELLAR and ANOR v CONTAINER TERMINAL MANAGEMENT SERVICES LIMITED and ORS VG 555 of 1998 WEINBERG J 5 MARCH 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

DISTRICT REGISTRY VG 555 of 1998

BETWEEN: ANDREW McKELLAR

First Applicant

CHRISTOPHER MURRAY

Second Applicant

CONTAINER TERMINAL MANAGEMENT SERVICES LIMITED AND: First Respondent