Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shephard v Chiquita Brands (South Pacific) Ltd [2003] FCA 465 DEREK GEORGE SHEPHARD v CHIQUITA BRANDS (SOUTH PACIFIC) LIMITED N697 of 2002
MADGWICK J 28 MAY 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N697 OF 2002
BETWEEN: DEREK GEORGE SHEPHARD
APPELLANT
AND: CHIQUITA BRANDS (SOUTH PACIFIC) LIMITED
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 28 MAY 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant is to pay the respondent's costs. 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 N697 OF 2002
BETWEEN: DEREK GEORGE SHEPHARD
APPELLANT
AND: CHIQUITA BRANDS (SOUTH PACIFIC) LIMITED
RESPONDENT
JUDGE: MADGWICK J
DATE: 28 MAY 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT HIS HONOUR: 1 This is an appeal against a decision of Raphael FM in proceeding SZ233 of 2001, [2002] FMCA 115 dismissing an application by Derek George Shephard ("the appellant") to set aside Bankruptcy Notice No. NN317 of 2001, served upon the appellant on behalf of Chiquita Brands (South Pacific) Limited ("the respondent").
Background 2 In 1984 the appellant and his wife entered into a series of agreements with two companies, Johnson Farm Management Pty Ltd and Vosington Pty Ltd, whereby the appellant acquired certain land and rights as part of a proposed co-operative scheme for the farming of blueberry plants near Coffs Harbour. The parties have an underlying dispute as to whether, and to what extent, property passed to the appellant and his wife. The parties are also in dispute as to the nature of the rights to the supply of water obtained from Vosington Pty Ltd and whether numerous easements were created over the property acquired by the appellant and his wife. 3 In 1985 Johnson Farm Management Pty Ltd experienced financial difficulties. The respondent, then known as Blueberry Farms of Australia (Corindi) Limited ("Blueberry
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