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
|
|
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 |
