Hall v Warner [2006] FCA 852

FEDERAL COURT OF AUSTRALIA

Hall v Warner [2006] FCA 852

BANKRUPTCY – proceedings against director for insolvent trading – director declared bankrupt – leave to continue proceedings against bankrupt director – complexity of proceedings in the Supreme Court Held: The issues would be better and more comprehensively dealt with in the Supreme Court proceedings than in an adjudication upon a proof of debt. Leave granted. Bankruptcy Act 1966 (Cth) s 58(3)

Allanson v Midland Credit Ltd and Anor (1977) 30 FLR 108 applied Macquarie Bank Ltd v Bardetta and Ors (2005) 216 ALR 670 applied Re Veghelyi; Smith and Ors v Official Trustee in Bankruptcy (1993) 45 FCR 413 applied

GREGORY WINFIELD HALL and PHILIP PATRICK CARTER v ANTHONY WARNER and PETER RENWICK POOLMAN NSD 921 of 2006 COWDROY J 7 JUNE 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 921 OF 2006

BETWEEN: GREGORY WINFIELD HALL and PHILIP PATRICK CARTER IN THEIR CAPACITY AS LIQUIDATORS OF REYNOLDS WINES LIMITED (RECEIVERS & MANAGERS APPOINTED) (IN LIQUIDATION) AND REYNOLDS VINEYARDS PTY LIMITED (RECEIVERS & MANAGERS APPOINTED) (IN LIQUIDATION)

Applicants

AND: ANTHONY WARNER

First Respondent

PETER RENWICK POOLMAN

Second Respondent

JUDGE: COWDROY J

DATE OF ORDER: 7 JUNE 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave be granted nunc pro tunc from 26 July 2005 to the applicants pursuant to s 58(3) of the Bankruptcy Act 1966 (Cth) to continue with the conduct of Supreme Court of New South Wales proceedings number 2032 of 2004 against Mr Peter Renwick Poolman and to take any fresh step in the proceeding on the condition that any order pursuant to s 37A of the Conveyancing Act 1919 (NSW) regarding the property of Mr Poolman in the proceeding be for the benefit of the bankrupt estate of Mr Poolman. 2. There be no order as to costs. 3. The exhibits be returned. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA