Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Prentice v Cummins [2002] FCA 1172
EVIDENCE – tender of unsigned statement of assets and liabilities – whether business record – whether statement part of the records of the relevant business. Evidence Act 1995 (Cth), ss 69, 135 Bankruptcy Act 1966 (Cth), s 77A(1) Evidence Act 1905 (Cth), Part IIIA
Trade Practices Commission v TNT Management Pty Ltd (1984) 56 ALR 647, cited. Karmot Auto Spares Pty Ltd v Dominelli Ford (Hurstville) Pty Ltd (1992) 35 FCR 560, cited. Compafina Bank v Australia & New Zealand Banking Group Ltd [1982] 1 NSWLR 409, 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 tender of the Letter and Statement be rejected. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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
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