Cheng v Marchesi [1999] FCA 431

FEDERAL COURT OF AUSTRALIA

Cheng v Marchesi [1999] FCA 431

LAWRENCE CHENG v BRENDAN JOHN MARCHESI (in his capacity as liquidator

of Goodluck Pty Ltd (in liquidation) ACN 054 495 386)

VG 3321 OF 1997

RYAN J

14 APRIL 1999

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 3321 OF 1997

BETWEEN: LAWRENCE CHENG

Applicant

AND: BRENDAN JOHN MARCHESI (in his capacity as liquidator of Goodluck Pty Ltd (in liquidation) ACN 054 495 386)

Respondent

JUDGE: RYAN J

DATE OF ORDER: 14 APRIL 1999

WHERE MADE: MELBOURNE

MINUTES OF ORDER

THE COURT ORDERS BY CONSENT: 1. That the decision of the respondent set out in the notice of rejection of formal proof of debt dated 20 August 1997 to reject in whole the proof of debt or claim made by the applicant for $245,946.00 be set aside. 2. That the applicant be allowed to prove for his debt or claim in the liquidation of the Company. 3. That the amount of the applicant's provable debt or claim as referred to in Order 2 be fixed in the sum of $118,000.00.

AND THE COURT FURTHER ORDERS: 4. That the respondent pay the applicant's costs of the application, such costs to be taxed in default of agreement.

5. That the respondent be indemnified out of the assets of the Company in respect of the costs referred to in paragraph 4 of this Order and his own costs of and incidental to the application herein. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 3321 OF 1997

BETWEEN: LAWRENCE CHENG

Applicant

AND: BRENDAN JOHN MARCHESI (in his capacity as liquidator of Goodluck Pty Ltd (in liquidation) ACN 054 495 386)

Respondent

JUDGE: RYAN J

DATE: 14 APRIL 1999