Sheahan (Trustee), in the matter of Livingstone (Bankrupt) v Livingstone [2003] FCA 620

FEDERAL COURT OF AUSTRALIA

Sheahan (Trustee), in the matter of Livingstone (Bankrupt) v Livingstone [2003] FCA 620 PRACTICE AND PROCEDURE – notice of motion dismissed by consent – Calderbank offer – indemnity costs Bankruptcy Act 1966 (Cth) Calderbank v Calderbank [1975] 3 All ER 333

IN THE MATTER OF KENNETH ROBERT LIVINGSTONE (BANKRUPT); JOHN SHEAHAN (AS TRUSTEE OF THE ESTATE OF KENNETH ROBERT LIVINGSTONE, A BANKRUPT) v PAMELA ANNE LIVINGSTONE, JENNIFER ANNE LIVINGSTONE & GRAHAM LIVINGSTONE N 7071 OF 2002 BENNETT J 12 JUNE 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N7071 OF 2002

IN THE MATTER OF: KENNETH ROBERT LIVINGSTONE

BETWEEN: JOHN SHEAHAN

APPLICANT

AND: PAMELA ANNE LIVINGSTONE

FIRST RESPONDENT

JENNIFER ANNE LIVINGSTONE

SECOND RESPONDENT

GRAHAM DAVID LIVINGSTONE

THIRD RESPONDENT

JUDGE: BENNETT J

DATE OF ORDER: 12 June 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The second and third respondents' notice of motion dated 14 May 2003 be dismissed.

2. The second and third respondents pay the applicant's costs of and incidental to the notice of motion, including costs thrown away by reason of the withdrawal of the notice of motion, on an indemnity basis.

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 N7071 OF 2002

IN THE MATTER OF: KENNETH ROBERT LIVINGSTONE

BETWEEN: JOHN SHEAHAN

APPLICANT

AND: PAMELA ANNE LIVINGSTONE

FIRST RESPONDENT

JENNIFER ANNE LIVINGSTONE

SECOND RESPONDENT

GRAHAM DAVID LIVINGSTONE