Macquarie Bank Limited v Bardetta [2005] FCA 507

FEDERAL COURT OF AUSTRALIA

Macquarie Bank Limited v Bardetta [2005] FCA 507

BANKRUPTCY – husband and wife formerly parties to Family Court proceedings – where Bank instituted Supreme Court of New South Wales proceedings against husband before husband declared bankrupt – whether leave should be granted to Bank pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth) to commence proceedings in Family Court of Australia and to take fresh steps in Supreme Court proceedings – consent orders made in Family Court to transfer property from husband to wife pursuant to s 79(1) of Family Law Act 1975 (Cth) during currency of Supreme Court proceedings – order sought under s 79A of Family Law Act 1975 (Cth) to vary or set aside order made under s 79(1) of the same – where undertaking provided by Bank – costs of wife's appearance at hearing awarded against Bank

Bankruptcy Act 1966 (Cth) s 58(3) Family Law Act 1975 (Cth) ss 79 and 79A

Allanson v Midland Credit Ltd (1977) 30 FLR 108 applied Sturdy Components Pty Ltd v Trustee of the Bankrupt Estate of Sturt [2000] FCA 884 referred to Fraser v Commissioner of Taxation (1996) 69 FCR 99 applied Semmens v Commonwealth and Anor (1989) 99 FLR 294 considered Green v Official Trustee in Bankruptcy [2001] FCA 1644 followed

MACQUARIE BANK LIMITED v JOSEPH BARDETTA, ANA MARIA BARDETTA AND CHRISTOPHER JOHN PALMER IN HIS CAPACITY AS TRUSTEE IN BANKRUPTCY APPOINTED TO THE BANKRUPT ESTATE OF JOSEPH BARDETTA NSD 602 OF 2005 CONTI J 26 APRIL 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 602 OF 2005

BETWEEN: MACQUARIE BANK LIMITED

APPLICANT

AND: JOSEPH BARDETTA

FIRST RESPONDENT

ANA MARIA BARDETTA

SECOND RESPONDENT

CHRISTOPHER JOHN PALMER IN HIS CAPACITY AS TRUSTEE IN BANKRUPTCY APPOINTED TO THE BANKRUPT ESTATE OF JOSEPH BARDETTA