Sanders v Knudsen [2004] FCA 1429

FEDERAL COURT OF AUSTRALIA

Sanders v Knudsen [2004] FCA 1429 BASIL CHARLES SANDERS v PETER STANLEY KNUDSEN & JILL ELIZABETH YATES TRADING AS THE HARGREAVES PRACTICE & ORS N1705 OF 2003 EMMETT J 6 SEPTEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1705 OF 2003

BETWEEN: BASIL CHARLES SANDERS

APPELLANT

AND: PETER STANLEY KNUDSEN AND JILL ELIZABETH YATES TRADING AS THE HARGREAVES PRACTICE

FIRST RESPONDENT

NICHOLAS CONFOS

SECOND RESPONDENT

OFFICIAL TRUSTEE IN BANKRUPTCY

THIRD RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 6 SEPTEMBER 2004

WHERE MADE: SYDNEY

THE COURT: 1. ORDERS that Order 1 of the orders of the Court of 6 August 2004 be rescinded.

2. ORDERS that a supplementary appeal book comprising the transcript of the proceeding before Bennett J be filed and served by 20 September 2004.

3. DIRECTS the appellant to file and serve no later than 20 September 2004 any affidavits on which he wishes to rely in support of any application to adduce additional evidence before the Full Court, such affidavits to include not only additional evidence, but all reasons explaining why the evidence was not adduced before Bennett J.

4. DIRECTS the appellant to file and serve no later than 5 October 2004, submissions in support of the appeal and the application to adduce further evidence.

5. GRANTS the appellant leave to file an amended notice of appeal incorporating 11A, 22 and 23 set out in the draft notice of motion initialled by Emmett J and dated with today's date, such further amended notice of appeal to be filed and served no later than 20 September 2004.

6. ORDERS the appellant to pay the costs of today.

7. ORDERS that the Notice of Motion filed on 6 July 2004 be otherwise dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.