FEDERAL COURT OF AUSTRALIA Cottrell v Nicholls (Trustee) in the matter of Cottrell (Bankrupt) [2004] FCA 315 DAVID M COTTRELL v ALAN NICHOLLS (AS TRUSTEE IN THE ESTATE OF DAVID M COTTRELL A BANKRUPT) N 7880 of 2000 ALLSOP J 24 March 2004 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 7880 of 2000 BETWEEN: DAVID M COTTRELL APPLICANT AND: ALAN NICHOLLS (TRUSTEE) RESPONDENT JUDGE: ALLSOP J DATE OF ORDER: 24 March 2004 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. Pursuant to Order 35 rule 7(2)(e) of the Federal Court Rules order 2 made on 16 March 2004 in this matter be amended by replacing the date 19 September 2001 with the date 21 September 2001. 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 7880 of 2000 BETWEEN: DAVID M COTTRELL APPLICANT AND: ALAN NICHOLLS (TRUSTEE) RESPONDENT JUDGE: ALLSOP J DATE: 24 MARCH 2004 PLACE: SYDNEY REASONS FOR JUDGMENT 1 On 27 February 2004 I made orders and published reasons in this matter. Later, on 16 March 2004 I made final orders. During the course of my reasons I attempted to set out, chronologically all that had happened, relevantly, in relation to the application. In [13] I indicated that on 19 September 2001 Conti J was once again heard the review from the orders of Registrar Tessoriero. That was accurate. However, in error, which was mine, I thereafter in the orders made on 16 March 2004 referred to the orders made by Conti J on 19 September 2001. While Conti J heard the matter on 19 September 2001, his Honour made the orders on 21 September 2001 which orders were entered on 7 January 2002. Thus, there has been an error by way of a slip and it is plain that my orders of 16 March should be amended such that order 2 should contain the date 21 September 2001 and not 19 September 2001. I will make orders accordingly. 2 The orders of the Court are that: 1. Pursuant to Order 35 rule 7(2)(e) of the Federal Court Rules order 2 made on 16 March 2004 in this matter be amended by replacing the date 19 September 2001 with the date 21 September 2001. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop. Associate: Dated: 24 March 2004 Date of Judgment: 24 March 2004