Prentice v Cummins [2002] FCA 1165

FEDERAL COURT OF AUSTRALIA

Prentice v Cummins [2002] FCA 1165 BANKRUPTCY – application to amend pleadings in case brought by trustee in bankruptcy against third party to seek relief against bankrupt – whether application should be granted. Bankruptcy Act 1966 (Cth), ss 77, 81, 255(2) Corporations Act 2001 (Cth), s 1072C Corporations Law, s 1091A Financial Services Reform Act 2001 (Cth), s 3, Sched 1 Federal Court Rules ("FCR"), O 6 r 9 Prentice v Cummins [2002] FCA 1140, referred to. News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410, 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 19 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

JUDGE: SACKVILLE J

DATE OF ORDER: 19 SEPTEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The motion filed by the applicants on 13 September 2002 ("the motion to amend") be dismissed. 2. Pursuant to Federal Court Rules, O 6 r 9, the first respondent cease to be a party to the proceedings. 3. The applicants pay the second, third and fourth respondents' costs of the motion filed by the second, third and fourth respondents on 9 September 2002. 4. The applicants pay the second, third and fourth respondents' costs of the motion to amend. 5. The applicants pay the costs incurred in the proceedings by the first respondent on and after 13 September 2002. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.