Chia v State Bank of New South Wales Ltd

[2000] FCA 1104

FEDERAL COURT OF AUSTRALIA

Chia v State Bank of New South Wales Ltd [2000] FCA 1104

PENG TIN CHIA v
STATE BANK OF NEW SOUTH WALES LIMITED, KENNETH JOHN RENNIE, HOYTS MULTI-PLEX CINEMAS PTY LIMITED AND HOYTS CINEMAS LIMITED

N 171 OF 2000

TAMBERLIN J
SYDNEY
4 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 171 OF 2000

BETWEEN:

PENG TIN CHIA
APPLICANT

AND:

STATE BANK OF NEW SOUTH WALES LIMITED
FIRST RESPONDENT

KENNETH JOHN RENNIE
SECOND RESPONDENT

HOYTS MULTI-PLEX CINEMAS PTY LIMITED
THIRD RESPONDENT

HOYTS CINEMAS LIMITED
FOURTH RESPONDENT

JUDGE:

TAMBERLIN J

DATE OF ORDER:

4 AUGUST 2000

WHERE MADE:

SYDNEY

THE COURT NOTES:

That a sequestration order was made against the estate of the applicant by a Registrar of this Court in proceeding No QC7428 of 1998 on 26 April 2000, with the order having been entered on 3 May 2000.

That the third and fourth respondents served notice of the present proceedings on the applicant’s Trustee in Bankruptcy on 19 May 2000.

THE COURT ORDERS:

1.        That the application be dismissed as against the respondents.

2.        The applicant to pay the respondents’ costs of the proceedings.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 171 OF 2000

BETWEEN:

PENG TIN CHIA
APPLICANT

AND:

STATE BANK OF NEW SOUTH WALES LIMITED
FIRST RESPONDENT

KENNETH JOHN RENNIE
SECOND RESPONDENT

HOYTS MULTI-PLEX CINEMAS PTY LIMITED
THIRD RESPONDENT

HOYTS CINEMAS LIMITED
FOURTH RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	4 AUGUST 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter I am satisfied that this is an appropriate case in which to make an order for dismissal having regard to the decision of Drummond J in Re Gargan; ex parte Gargan v Official Trustee in Bankruptcy (18 August 1995, unreported) and the provisions of O 35 of the Federal Court Rules.  Accordingly, I note the matters that are referred to in the first two paragraphs of the short minutes of order and I make the orders contained in paragraphs three and four of the short minutes of order.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated:             21 August 2000

Counsel for the Applicant:	No appearance
Solicitor for the first and second Respondents::	Minter Ellison
Solicitor for the third and fourth Respondents:	Gilbert and Tobin
Date of Hearing:	4 August 2000
Date of Judgment:	4 August 2000