Van der Velde v Ng [2008] FCA 480

FEDERAL COURT OF AUSTRALIA

Van der Velde v Ng [2008] FCA 480

TERRY VAN DER VELDE AND DAVID STIMPSON AND RIBY PTY LTD (ACN 081 153 219) IN LIQUIDATION AS TRUSTEE FOR THE JADE TRUST v KYM HON YOKE NG, THE OFFICIAL TRUSTEE AS TRUSTEE OF THE PROPERTY OF ROSS HASTINGS (A BANKRUPT) AND RAMS MORTGAGE CORPORATION LIMITED ABN 48 065 912 932 QUD 405 OF 2007

DOWSETT J

4 FEBRUARY 2008

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 405 OF 2007

BETWEEN: TERRY VAN DER VELDE AND DAVID STIMPSON

First Applicant

RIBY PTY LTD (ACN 081 153 219) IN LIQUIDATION AS TRUSTEE FOR THE JADE TRUST

Second Applicant

AND: KYM HON YOKE NG

First Respondent

THE OFFICIAL TRUSTEE AS TRUSTEE OF THE PROPERTY OF ROSS HASTINGS (A BANKRUPT)

Second Respondent

RAMS MORTGAGE CORPORATION LIMITED ABN 48 065 912 932

Third Respondent

JUDGE: DOWSETT J

DATE: 4 FEBRUARY 2008

PLACE: BRISBANE

REASONS FOR JUDGMENT 1 In both Fraser v Deputy Commissioner of Taxation & Official Trustee (1996) 69 FCR 99 and Scott v Bagshaw (1999) 95 FCR 37, the relevant applicant was seeking to enforce a provable debt although, in the latter case, that may not have appeared from the statement of claim. In those circumstances, s 58(3) of the Bankruptcy Act 1966 (Cth) clearly applied. 2 That is not the present case, as I understand it. In those circumstances, I am of the view that leave is not necessary. However, should in the course of the trial it emerge otherwise, we can revisit the question. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate: Dated: 14 April 2008

Solicitor for the First Applicant: Mills Oakley

Counsel for the Second Applicant: The Second Applicant did not appear