Duus v Dalvella Pty Ltd [2007] FCA 1921

FEDERAL COURT OF AUSTRALIA

Duus v Dalvella Pty Ltd [2007] FCA 1921 PRACTICE AND PROCEDURE – consideration of an application for Further and Better Particulars of a Statement of Claim – consideration of contentions relating to s 121 of the Bankruptcy Act 1966 (Cth) Bankruptcy Act 1966 (Cth) Bankruptcy Legislation Amendment Act 1996 (Cth) Barton v Deputy Federal Commissioner of Taxation (1974) 131 CLR 370 PT Garuda Indonesia Ltd v Grellman (1992) 35 FCR 515 DM Cannane & Anor v J Cannane Pty Ltd (1998) 192 CLR 557 Ebner v Official Trustee in Bankruptcy (1999) 91 FCR 353 Re Trautwein; Richardson v Trautwein (1994) 14 ABC 61 PT Garuda Indonesia Ltd v Grellman ROSS ANDREW DUUS AND DAVID JOHN CRANSTOUN v DALVELLA PTY LTD ACN 076 620 409 (IN ITS CAPACITY AS TRUSTEE FOR THE CLIFFSIDE TRUST) AND DONEMATE PTY LTD ACN 076 620 454 (IN ITS CAPACITY AS TRUSTEE FOR THE KINGS BEACH TRUST) QUD 28 OF 2007

GREENWOOD J

6 DECEMBER 2007

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 28 OF 2007

BETWEEN: ROSS ANDREW DUUS

First Applicant

DAVID JOHN CRANSTOUN

Second Applicant

AND: DALVELLA PTY LTD ACN 076 620 409 (IN ITS CAPACITY AS TRUSTEE FOR THE CLIFFSIDE TRUST)

First Respondent

DONEMATE PTY LTD ACN 076 620 409 (IN ITS CAPACITY AS TRUSTEE FOR THE KINGS BEACH TRUST)

Second Respondent

JUDGE: GREENWOOD J

DATE OF ORDER: 6 DECEMBER 2007

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The Notice of Motion filed by the applicants on 12 April 2007 is adjourned. 2. The applicants provide further particulars to the respondents of para 23 of the Statement of Claim by providing the respondents with a statement of the amount of the debt claimed by Messrs Jefferson and Stevenson as liquidators of Freedom Homes (Qld) Pty Ltd and the amount claimed by the Building Services Authority by way of proofs of debt in the bankruptcies of Richard Arthur Waters and Margaret May Waters. 3. The applicants provide further particulars to the respondents of para 31 of the Statement of Claim by providing the respondents with a statement of the amount of the debt claimed by Messrs Jefferson and Stevenson as liquidators of Freedom Homes (Qld) Pty Ltd, the amount claimed by the Building Services Authority, the amount claimed by the Deputy Commissioner of Taxation and the amount claimed by the liquidator of Delvine Pty Ltd by way of proofs of debt in the bankruptcies of Richard Arthur Waters and Margaret May Waters. 4. The costs of and incidental to the Notice of Motion are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.