Taubert v Eddaglide Pty Ltd

[2000] FCA 1960

FEDERAL COURT OF AUSTRALIA

Taubert v Eddaglide Pty Ltd
[2000] FCA 1960

SIGNUMD TAUBERT v EDDAGLIDE PTY LIMITED (IN LIQUIDATION) ACN 051 149 596 and GUNDAGAI GOLD PTY LIMITED (IN LIQUIDATIOIN) ACN 002 862 615
N 7748 OF 2000

GYLES J
SYDNEY
21 DECEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 7748 OF 2000

BETWEEN:

SIGMUND TAUBERT
APPLICANT

AND:

EDDAGLIDE PTY LIMITED (IN LIQUIDATION)
ACN 051 149 596
FIRST RESPONDENT

GUNDAGAI GOLD PTY LIMITED (IN LIQUIDATION)
ACN 002 862 615
SECOND RESPONDENT

JUDGE:

GYLES J

DATE OF ORDER:

21 DECEMBER 2000

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The proceedings stand adjourned to 29 March 2001.

2.Time for compliance with the bankruptcy notice in issue is extended up to and including 29 March 2001.

3.Liberty is reserved to the parties to apply on three days’ notice.

4.Costs to date are reserved.

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 7748 OF 2000

BETWEEN:

SIGMUND TAUBERT
APPLICANT

AND:

EDDAGLIDE PTY LIMITED (IN LIQUIDATION)
ACN 051 149 596
FIRST RESPONDENT

GUNDAGAI GOLD PTY LIMITED (IN LIQUIDATION)
ACN 002 862 615
SECOND RESPONDENT

JUDGE:	GYLES J
DATE:	21 DECEMBER 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. I have had the opportunity of reading and considering the judgments of Hamilton J of 22 November 2000 in Eddaglide Pty Ltd v Taubert [2000] NSWSC 1123 and Hodgson CJ of 15 December 2000 in Eddaglide Pty Ltd v Taubert [2000] NSWSC 1226 in this matter. I note that Mr Taubert has filed a summons for leave to appeal against the decision of Hamilton J, which has a return date of 19 March 2001. I am informed that this return day was allocated in the normal way. I have read the summons and the attached material.

2. In my opinion, it cannot be said that the application for leave to appeal is frivolous or vexatious, with no chance of success.  In the circumstances, the appropriate course is to await determination of that summons, provided that it is pursued with proper diligence.  I therefore propose to stand this matter over to a convenient date after 19 March 2001 and will extend the time for compliance with the bankruptcy notice accordingly.  I will reserve liberty to apply on three days’ notice.

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

Associate:

Dated:             22 February 2001

Solicitor for the Applicant:	Jones King Lawyers
Solicitor for the First and Second Respondents:	John Carmody & Co
Date of Hearing:	20, 21 December 2000
Date of Judgment:	21 December 2000