Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kattirtzis v Zaravinos
[2001] FCA 1158
Bankruptcy Act 1996 (Cth) s 58(3) Conveyancing Act 1919 (NSW) s 37A
GEORGE KATTIRTZIS and NICK HOUVRADAS v GEORGE ZARAVINOS N 7381 OF 2001 GYLES J SYDNEY 28 AUGUST 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7381 OF 2001
BETWEEN: GEORGE KATTIRTZIS
FIRST APPLICANT
NICK HOUVRADAS
SECOND APPLICANT
AND: GEORGE ZARAVINOS
RESPONDENT
JUDGE: GYLES J
DATE OF ORDER: 28 AUGUST 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Leave be granted to George Kattirtzis and Nick Houvardas to take all necessary steps in proceeding 4177 of 1999 in the Supreme Court of New South Wales ("the Proceeding"), the proceedings nunc pro tunc as from 21 February 2000. 2. Leave to take all necessary fresh steps in the Proceeding hereafter pursuant to s 58(3) of the Bankruptcy Act 1966 (Cth) on the following conditions: (a) leave is restricted to the proceeding for recovery of property as identified in the Proceeding and is not to include any claims for damages or other monetary relief against the bankrupt, George Zaravinos; (b) that the applicants, by their counsel, undertake to the court that: (i) in the Proceeding they will restrict relief sought to recovery of the properties identified as aforesaid; (ii) will not seek final relief without having given seven days notice to the office of the Official Trustee; (iii) will not oppose any application by the Official Trustee to be joined in the said Proceeding at any time; and (iv) will ensure, by appropriate means, that the benefit of an order obtained in relation to recovery of the said properties of any of them will be received by the Official Trustee to be held on behalf of the bankrupt estate. 3. Leave be granted without prejudice to the determination of the issues of substance which arise in the Proceeding 4. The applicant pay the costs of the Official Trustee. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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