Gao v The Official Trustee in Bankruptcy as Trustee of the Estate of Yu Jing Zhu [2002] FCA 1616

FEDERAL COURT OF AUSTRALIA

Gao v The Official Trustee in Bankruptcy as Trustee of the Estate of Yu Jing Zhu [2002] FCA 1616 PENG YUAN GAO -v- THE OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE ESTATE OF YU JING ZHU V 830 of 2002 RYAN J 19 DECEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 830 of 2002

BETWEEN: PENG YUAN GAO

Appellant

AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE ESTATE OF YU JING ZHU

Respondent

JUDGE: RYAN J

DATE OF ORDER: 19 DECEMBER 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appellant be referred to the Registrar for referral to a legal practitioner on the Pro Bono Panel for legal assistance confined, in the first instance and until further referral by the Registrar, to: (a) explaining to the appellant the reasons for judgment of Sundberg J of 6 November 2002 and of Ryan J of this day; (b) indicating the grounds of appeal (if any) which can properly be argued on the hearing of the appeal; (c) advising the appellant whether leave is required to appeal from the order of Sundberg J of 6 November 2002 and, if so, preparing an application for such leave; (d) preparing an amended notice of appeal incorporating any grounds indicated pursuant to paragraph (b) of this Order. 2. The motion on notice dated 29 November 2002 be otherwise dismissed with costs; 3. The motion on notice dated 9 December 2002 be dismissed with costs.

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 830 of 2002

BETWEEN: PENG YUAN GAO

Appellant

AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE ESTATE OF YU JING ZHU