Sheahan v Cooper

[1999] FCA 1260

FEDERAL COURT OF AUSTRALIA

Sheahan v Cooper [1999] FCA 1260

JOHN SHEAHAN Trustee of the bankrupt estate of Jillian Helen Marshall and the bankrupt estates of Richard John Cooper and Simon Vincent Cooper v NOELENE MICHELLE COOPER, JANET ETHEL COOPER, MARTIN JAMES COOPER, ANDREW CHARLES COOPER, ROTHMORE PTY LTD (ACN 007 956 327), AGRI-STEEL PTY LTD (ACN 083 806 179) and TENNYSON TURNER

SG 112 OF 1998

MANSFIELD J

20 AUGUST 1999
ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SG 112 OF 1998

BETWEEN:

JOHN SHEAHAN
Trustee of the bankrupt estate of Jillian Helen Marshall
and the bankrupt estates of Richard John Cooper
and Simon Vincent Cooper
Applicant

AND:

NOELENE MICHELLE COOPER
First Respondent

JANET ETHEL COOPER
Second Respondent

MARTIN JAMES COOPER
Third Respondent

ANDREW CHARLES COOPER
Fourth Respondent

ROTHMORE PTY LTD (ACN 007 956 327)
Fifth Respondent

AGRI-STEEL PTY LTD (ACN 083 806 179)
Sixth Respondent

TENNYSON TURNER
Seventh Respondent

JUDGE:

MANSFIELD J

DATE:

20 AUGUST 1999

PLACE:

ADELAIDE

REASONS FOR DECISION

HIS HONOUR:

1. In this matter, a similar motion has been brought by Mr Cooper as in matter SG 3019 of 1998, in this instance in respect of declarations and orders made by me from time to time, including final declarations and orders made on 4 June 1999.  For the reasons I have just given in matter SG 3019 of 1998, but with one reservation, I propose also to make no order on that notice of motion.

2. The reservation is that it is necessary to address an additional issue, namely the request that a warrant issued by the Registrar of the Court on 5 May 1999 is sought to be set aside on the basis that the Registrar and the Court had no jurisdiction to issue the warrant.  The warrant was issued to enforce an order of the Court, and pursuant to an order of the Court.  The warrant was executed.  I do not think I have power in those circumstances to set aside the warrant and, for the reasons which I have generally given, I would decline to make that order.

3. There is an additional reason why I would decline to make that order, namely that the warrant has already been executed.  In those circumstances, no order which I made would be useful in any event.

4. On that motion also I decline to make any order.  I make no order as to the costs of that motion.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Decision herein of the Honourable Justice Mansfield.

Associate:

Dated:             13 September 1999

Counsel for the Applicant:

Mr G Davis

Solicitors for the Applicant:

Piper Alderman

Counsel for the First, Second, Third, Fourth

and Fifth Respondents:

Mr P Kerin

Solicitors for the First, Second, Third, Fourth

and Fifth Respondents:

Aldermans Consultant Solicitors

Seventh Respondent appeared in person

and on behalf of the Sixth Respondent

Date of Hearing:

20 August 1999

Date of Decision:

20 August 1999