Official Assignee in Bankruptcy, New Zealand v Woodward

[1999] FCA 643

FEDERAL COURT OF AUSTRALIA

Official Assignee in Bankruptcy, New Zealand v Woodward
[1999] FCA 643

OFFICIAL ASSIGNEE IN BANKRUPTCY, NEW ZEALAND v

CHRISTOPHER JAMES WOODWARD

N 7263 OF 1999

EMMETT J
11 MAY 1999
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N7263 OF 1999

IN THE MATTER OF CHRISTOPHER JAMES WOODWARD
BETWEEN:	OFFICIAL ASSIGNEE IN BANKRUPTCY, NEW ZEALAND Applicant
AND:	CHRISTOPHER JAMES WOODWARD Respondent
JUDGE:	EMMETT J
DATE OF ORDER:	11 MAY 1999
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application be dismissed

2.        The respondent pay the applicant’s costs in the sum of $3,500

3.        Orders 1 and 2 be stayed until 4pm this afternoon.

THE COURT DIRECTS THAT:

4.The applicant’s solicitor inform the respondent’s solicitor of the orders made today no later than 12 noon today.

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	N7263 OF 1999

IN THE MATTER OF CHRISTOPHER JAMES WOODWARD

BETWEEN:

OFFICIAL ASSIGNEE IN BANKRUPTCY, NEW ZEALAND

Applicant

AND:

CHRISTOPHER JAMES WOODWARD

Respondent

JUDGE:	EMMETT J
DATE:	11 MAY 1999
PLACE:	SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

1. I have before me an application pursuant to section 29 of the Bankruptcy Act 1966 (Cth) by the Official Assignee in Bankruptcy of New Zealand.  The solicitor for the applicant now informs me that the matter is not to be proceeded with and that a sum of $3,500 has been paid to the Official Assignee in respect to the costs of the application.  The applicant now asks for the application to be dismissed and for an order that the respondent pay costs of the motion in that sum.

2. There has been an appearance filed on behalf of the debtor, but there has been no attendance for the debtor today.  I am informed by the solicitor for the applicant that the debtor's solicitor is aware that the matter is before the court today and does not oppose the orders which are now sought.  However, I do not have any formal evidence of those matters.

3. Rather than require the parties to incur further costs, I consider the appropriate orders are as follows.  I order that the application be dismissed.  I order the respondent to pay the applicant's costs in the sum of $3,500.  I order that those orders be stayed until 4 pm this afternoon.  I direct the applicant's solicitor to inform the respondent's solicitors of the orders which have been made no later than 12 noon today.  

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:             11 May 1999

Solicitor for the Applicant:	Sally Nash
No appearance for the Respondent
Date of Hearing:	11 May 1999
Date of Judgment:	11 May 1999