Macks v Garrett [2008] FCA 1973

FEDERAL COURT OF AUSTRALIA

Macks v Garrett [2008] FCA 1973

PRACTICE AND PROCEDURE – application for order pursuant to s 48 of the Federal Court of Australia Act 1976 (Cth) transferring action commenced in Western Australian Registry to South Australian Registry – nature of s 48 – application did not identify jurisdiction under which the Court could grant application – whether appropriate to issue separate proceeding seeking transfer of existing proceeding in another place – application dismissed – proceeding dismissed. Federal Court of Australia Act 1976 (Cth) s 19, s 48 Bankruptcy Act 1966 (Cth) s 178 National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 19 FCR 155 Southern Oceanic Hotels Pty Ltd v Ocean City Ltd [1993] FCA 314

PETER IVAN MACKS IN HIS CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF ANDREW MORTON GARRETT v ANDREW MORTON GARRETT PERSONALLY AND IN HIS CAPACITY AS TRUSTEE OF THE ANDREW GARRETT FAMILY TRUST

SAD 201 of 2008

LANDER J

15 DECEMBER 2008

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 201 of 2008

BETWEEN: PETER IVAN MACKS IN HIS CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF ANDREW MORTON GARRETT

Applicant

AND: ANDREW MORTON GARRETT PERSONALLY AND IN HIS CAPACITY AS TRUSTEE OF THE ANDREW GARRETT FAMILY TRUST

Respondent

JUDGE: LANDER J

DATE OF ORDER: 15 DECEMBER 2008

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The proceeding be dismissed. 2. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 201 of 2008

BETWEEN: PETER IVAN MACKS IN HIS CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF ANDREW MORTON GARRETT