Cottrell v Nicholls (Trustee) in the matter of Cottrell (Bankrupt)

[2004] FCA 315

FEDERAL COURT OF AUSTRALIA

Cottrell v Nicholls (Trustee) in the matter of Cottrell (Bankrupt) [2004] FCA 315

DAVID M COTTRELL v ALAN NICHOLLS (AS TRUSTEE IN THE ESTATE OF DAVID M COTTRELL A BANKRUPT)
N 7880 of 2000

ALLSOP J
24 March 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 7880 of 2000

BETWEEN:	DAVID M COTTRELL APPLICANT
AND:	ALAN NICHOLLS (TRUSTEE) RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	24 March 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Pursuant to Order 35 rule 7(2)(e) of the Federal Court Rules order 2 made on 16 March 2004 in this matter be amended by replacing the date 19 September 2001 with the date 21 September 2001.

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 7880 of 2000

BETWEEN:	DAVID M COTTRELL APPLICANT
AND:	ALAN NICHOLLS (TRUSTEE) RESPONDENT

JUDGE:	ALLSOP J
DATE:	24 MARCH 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 27 February 2004 I made orders and published reasons in this matter.  Later, on 16 March 2004 I made final orders.  During the course of my reasons I attempted to set out, chronologically all that had happened, relevantly, in relation to the application.  In [13] I indicated that on 19 September 2001 Conti J was once again heard the review from the orders of Registrar Tessoriero.  That was accurate.  However, in error, which was mine, I thereafter in the orders made on 16 March 2004 referred to the orders made by Conti J on 19 September 2001.  While Conti J heard the matter on 19 September 2001, his Honour made the orders on 21 September 2001 which orders were entered on 7 January 2002.  Thus, there has been an error by way of a slip and it is plain that my orders of 16 March should be amended such that order 2 should contain the date 21 September 2001 and not 19 September 2001.  I will make orders accordingly.

2. The orders of the Court are that:

   1.Pursuant to Order 35 rule 7(2)(e) of the Federal Court Rules order 2 made on 16 March 2004 in this matter be amended by replacing the date 19 September 2001 with the date 21 September 2001.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop.

Associate:

Dated:            24 March 2004

Date of Judgment: 24 March 2004