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 Counsel for the First Respondent: The First Respondent did not appear Solicitor for the Second Respondent: Rodgers, Barnes & Green Counsel for the Third Respondent: Mr D S Piggott Solicitor for the Third Respondent: Mallesons Stephen Jacques Date of Hearing: 4 February 2008 Date of Judgment: 4 February 2008