Macks as Trustee in Bankruptcy of the Estate of David Gerald Moore v Wilson [2007] FCA 24

FEDERAL COURT OF AUSTRALIA

Macks as Trustee in Bankruptcy of the Estate of David Gerald Moore v Wilson [2007] FCA 24

PETER IVAN MACKS AS TRUSTEE IN BANKRUPTCY OF THE ESTATE OF DAVID GERALD MOORE v WAYNE STEPHEN WILSON AND GAYLE LAWTON SAD 175 OF 2004 SAD 176 OF 2004

BESANKO J

23 JANUARY 2007

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 175 OF 2004

sad 176 OF 2004

BETWEEN: PETER IVAN MACKS AS TRUSTEE IN BANKRUPTCY OF THE ESTATE OF DAVID GERALD MOORE

Appellant

AND: WAYNE STEPHEN WILSON

First Respondent

GAYLE LAWTON

Second Respondent

JUDGE: BESANKO J

DATE OF ORDER: 23 JANUARY 2007

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

As to Proceeding Number SAD 175 of 2004:

(1) The title of the appellant to the proceeding effective from 21 January 2005 is Mr Peter Ivan Macks as trustee in bankruptcy of the estate of David Gerald Moore. (2) The trustee's application for an extension of time under s 33 of the Bankruptcy Act 1966 (Cth) by notice of motion dated 20 June 2006 be dismissed. (3) By consent the appeal be dismissed. (4) The appellant from 6 August 2004 to 20 January 2005 pay the respondents' costs of the appeal during that period. (5) Mr David Gerald Moore personally pay the respondents' costs of the appeal in relation to the following matters: (a) Perusing all affidavits sworn by Mr Moore and filed and served in the proceeding on and after 21 January 2005;

(b) Preparing, filing and serving affidavits sworn by Dominic Agresta on 30 May 2006, 13 June 2006 and 16 July 2006 respectively; (c) The notice of motion dated 13 June 2006 and attendances before the Court on 22 June 2006, 1 November 2006 and 21 January 2007; (d) The written submissions prepared by the respondents on 26 June 2006 and 10 November 2006.