Westpac Banking Corporation v Victor Warren Ollis [2007] FCA 1194

FEDERAL COURT OF AUSTRALIA

Westpac Banking Corporation v Victor Warren Ollis [2007] FCA 1194 BANKRUPTCY – leave to continue proceedings in the Supreme Court of New South Wales instituted prior to sequestration order – meaning of 'in respect of a provable debt' – effect of order staying proceedings under a sequestration order – effect of orders restraining dealings with property of the debtor.

Held: leave granted Bankruptcy Act 1966 (Cth), ss 52(3), 58(1), 58(3)(b), 58A, 82 Allanson v Midland Credit Ltd and Another [1977] 16 ALR 43, followed Coleman v Lazy Days Investments Pty Ltd (1994) 55 FCR 297, cited Re McMaster; Ex parte McMaster (1991) 33 FCR 70, followed Trustees Executors & Agency Co Ltd v Reilly [1941] VLR 110, cited WESTPAC BANKING CORPORATION v VICTOR WARREN OLLIS NSD 1513 OF 2007

COWDROY J

8 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1513 OF 2007

BETWEEN: WESTPAC BANKING CORPORATION

Applicant

AND: VICTOR WARREN OLLIS

Respondent

JUDGE: COWDROY J DATE OF ORDER: 8 AUGUST 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicant be granted leave under section 58(3)(b) of the Bankruptcy Act 1966 (Cth) to proceed against the respondent up to judgment in the Supreme Court of New South Wales proceedings No. 50045 of 2006 brought by the applicant against the respondent and other defendants ('the proceedings'). 2. The applicant be granted leave under s 58(3)(b) of the Bankruptcy Act 1966 (Cth)to apply for an order in the Supreme Court of New South Wales for leave to join Mr Shaun Gregory Condon in his capacity as trustee in bankruptcy of the respondent, as a defendant to the proceedings. 3. The respondent pay the applicant's costs of these proceedings which are to be included in the applicant's claim in the bankruptcy. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.