Kennedy v Collett

FEDERAL COURT OF AUSTRALIA

Kennedy v Collett [2003] FCA 1412

DAVID KENNEDY (TRUSTEE IN BANKRUPTCY) v JOYCE BEULAH FLORENCE COLLETT & KRISTENA BLUNDELL

S 7008 of 2003

MANSFIELD J
13 NOVEMBER 2003
ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S 7008 OF 2003

BETWEEN:

DAVID KENNEDY (TRUSTEE IN BANKRUPTCY)
APPLICANT

AND:

JOYCE BEULAH FLORENCE COLLETT
FIRST RESPONDENT

KRISTENA BLUNDELL
SECOND RESPONDENT

JUDGE:

MANSFIELD J

DATE OF ORDER:

13 NOVEMBER 2003

WHERE MADE:

ADELAIDE

THE COURT ORDERS THAT:

1.Under s 48 of the Federal Court of Australia Act 1976 (Cth) these proceedings be transferred from the South Australia District Registry to the New South Wales District Registry of the Court.

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

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S 7008 OF 2003

BETWEEN:

DAVID KENNEDY (TRUSTEE IN BANKRUPTCY)
APPLICANT

AND:

JOYCE BEULAH FLORENCE COLLETT
FIRST RESPONDENT

KRISTENA BLUNDELL
SECOND RESPONDENT

JUDGE:	MANSFIELD J
DATE:	13 NOVEMBER 2003
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. This is an application by the first respondent for an order under s 48 of the Federal Court of Australia Act 1976 (Cth) that the proceedings be transferred from the South Australia District Registry to the New South Wales District Registry of the Court. It is opposed by the applicant. I am informed by counsel for the applicant that by reason of discussions which have taken place between the applicant and the second respondent, who has not appeared despite being served, it is unlikely that the proceedings will be maintained against the second respondent. On that basis I do not have further regard to her interests.

2. The principal application is for a declaration under s 121 of the Bankruptcy Act 1966 that certain mortgages granted by Carl Kenneth Collett (Mr Collett), apparently the son of the first respondent, in favour of the first respondent are void as against the applicant.  The applicant is now the trustee in bankruptcy of Carl Kenneth Collett.  A sequestration order was made against his estate in New South Wales on 30 October 1996.

3. The present applicant is the third in succession of the trustees of the bankrupt estate of Mr Collett.  I am informed that the present applicant is a member of the firm Deloittes and that the earlier two trustees were also members of the firm Deloittes.  The trusteeship in its practical administration moved to Adelaide with the applicant.  There was no other particular consideration which led to it being moved to Adelaide nor, in a general sense, does the present application concern the continued administration of the bankrupt estate.  It can be conducted where the applicant wishes it to be conducted.  The issue is as to the proper place of the present proceedings.

4. As I have noted, the application is to have declared void as against the applicant the grant of certain mortgages over land in New South Wales.  The mortgages were granted on 22 March 1995 (according to…