Pattison (Trustee of the Bankrupt Estate of Tom Karas) v Conmoore Pty Ltd [1999] FCA 1247

FEDERAL COURT OF AUSTRALIA

Pattison (Trustee of the Bankrupt Estate of Tom Karas) v Conmoore Pty Ltd [1999] FCA 1247

PAUL PATTISON (as Trustee of the Bankrupt Estate of TOM KARAS)

v CONMOORE PTY LTD (ACN 053 243 995), IRENE KARAS (nee MELETSIS), AUSTRALIA & NEW ZEALAND BANKING GROUP LTD and TOM KARAS

RYAN J MELBOURNE 6 SEPTEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 7216 OF 1998

BETWEEN: PAUL PATTISON

(as Trustee of the Bankrupt Estate of TOM KARAS)

Applicant

AND: CONMOORE PTY LTD (ACN 053 243 995)

First Respondent

IRENE KARAS (nee MELETSIS)

Second Respondent

AUSTRALIA AND NEW ZEALAND BANKING GROUP LTD

(ACN 005 357 522)

Third Respondent

TOM KARAS

Fourth Respondent JUDGE: RYAN J

DATE OF ORDER: 6 SEPTEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS: (1) That the application against the fourth respondent be struck out with no order as to costs. (2) That the application against the first and second respondents be adjourned to a date to be fixed, not earlier than 11 October 1999. (3) That upon payment of the amount of $80,000 stated in the offer of compromise within the time agreed between the parties, the applicant's costs of the application, (including any reserved costs) incurred up to and including 28 July 1999, be taxed and paid by the first and second respondents and the first and second respondents' costs of the application incurred after 28 July 1999, including their costs of this day, be taxed and paid or allowed by the applicant. (4) That in the event of non-payment by the agreed date of the said sum of $80,000, the costs of this day as between the applicant and the first and second respondents be reserved. (5) That liberty be reserved to any party to apply on not less than 48 hours' notice in writing to the other parties. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.