Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Prentice v Cummins [2002] FCA 1140 BANKRUPTCY – application to remove bankrupt as a party to proceedings commenced by trustee – whether bankrupt unnecessarily joined to proceedings seeking to recover property in the interests of creditors – whether bankrupt's rights affected.
Bankruptcy Act 1966 (Cth), s 55(4A), 81, 120, 121 Evidence Act 1995 (Cth) Federal Court Rules ("FCR"), O 6 rr 8, 9 Supreme Court (General Civil Procedure) Rules 1996 (Vic), r 9.06(b) Colonial Life Insurance v Donnelly (1998) 82 FCR 418, cited. Australian Competition and Consumer Commission v News Corporation Ltd (1997) 79 FCR 117, cited. News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410, followed. Pegang Mining Co Ltd v Choong Sam [1969] 2 MLJ 52, cited. Wily (as Trustee of the Bankrupt Estate of Fuller) v Fuller [2000] FCA 1512, distinguished. Julius v Lord Bishop of Oxford (1880) 5 App Cas 214, cited. Commissioner of State Revenue (Victoria) v Royal Insurance Australia Ltd (1994) 182 CLR 51, cited. MAXWELL WILLIAM PRENTICE & ANOR (together the Trustees of the property of John Daniel Cummins, a Bankrupt) v JOHN DANIEL CUMMINS & ORS N 7481 of 2001 SACKVILLE J SYDNEY 13 SEPTEMBER 2002
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7481 OF 2001
BETWEEN: MAXWELL WILLIAM PRENTICE
FIRST APPLICANT
MARK JULIAN ROBINSON
SECOND APPLICANT
(together the Trustees of the Property of John Daniel Cummins, a Bankrupt)
AND: JOHN DANIEL CUMMINS
FIRST RESPONDENT
MARY ELIZABETH CUMMINS
SECOND RESPONDENT
AYMCOPIC PTY LIMITED
THIRD RESPONDENT
HOSPITALITY HIRE PTY LIMITED
FOURTH RESPONDENT
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