Prentice v Cummins (No 7) [2003] FCA 1162

FEDERAL COURT OF AUSTRALIA

Prentice v Cummins (No 7) [2003] FCA 1162 PRACTICE AND PROCEDURE – claim for interest pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth) – appropriate rate of interest to apply COSTS – apportionment of costs liability between parties Bankruptcy Act 1966 (Cth), s 121 Federal Court of Australia Act 1976 (Cth) Federal Court Rules (Cth), O 35 r 8 Supreme Court Rules 1970 (NSW), Sh J Namol Pty Ltd v AW Baulderstone Pty Ltd (No 2) (1993) 47 FCR 388, cited. Forster v Farquhar [1893] 1 QB 564, cited. MAXWELL WILLIAM PRENTICE & ANOR (together the Trustees of the property of John Daniel Cummins, a Bankrupt) v MARY ELIZABETH CUMMINS & ORS N 7481 of 2001 SACKVILLE J SYDNEY 24 OCTOBER 2003

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: MARY ELIZABETH CUMMINS

SECOND RESPONDENT

AYMCOPIC PTY LIMITED

THIRD RESPONDENT

HOSPITALITY HIRE PTY LIMITED

FOURTH RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 24 OCTOBER 2003

WHERE MADE: SYDNEY

THE COURT DECLARES THAT:

1. The transfer made by the Bankrupt (John Daniel Cummins) of his legal and beneficial interest as joint tenant in the property at 77 Alexander Street Hunters Hill (the "Hunters Hill Property") to the second respondent on or about 26 August 1987 is void as against the applicants pursuant to s 121 of the Bankruptcy Act 1966 (Cth). 2. The transfer of the shares in Counsel's Chambers Ltd (the "Shares") made by the Bankrupt to the third respondent on or about 26 August 1987 is void as against the applicants pursuant to s 121 of the Bankruptcy Act 1966 (Cth).