Trkulja v Morton [2005] FCA 38

FEDERAL COURT OF AUSTRALIA

Trkulja v Morton [2005] FCA 38 MILORAD TRKULJA v ROBERT WILLIAM MORTON and MURRAY BURTON ROUND VID 1345 of 2004 SUNDBERG J 2 FEBRUARY 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1345 OF 2005

BETWEEN: MILORAD TRKULJA

APPLICANT

AND: ROBERT WILLIAM MORTON

FIRST RESPONDENT

MURRAY BURTON ROUND

SEVENTH RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 2 FEBRUARY 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The Application herein be permanently stayed as against the first respondent pursuant to Order 20 rule 2 of the Rules.

2. The applicant pay the first respondent's costs of the motion notice of which was filed on 24 January 2005.

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 VID 1345 OF 2005

BETWEEN: MILORAD TRKULJA

APPLICANT

AND: ROBERT WILLIAM MORTON

FIRST RESPONDENT

MURRAY BURTON ROUND

SEVENTH RESPONDENT

JUDGE: SUNDBERG J

DATE: 2 FEBRUARY 2004

PLACE: MELBOURNE

REASONS FOR JUDGMENT

1 By application filed on 29 October 2004 the applicant seeks two orders: "1. To set aside the extension of bankruptcy 2880 of 2000 2. An order prohibiting the use of all documents seized and obtained at the Oral examination of the bankrupt by the first respondent and his lawyers other than for the purposes of the bankruptcy."

The applicant filed two affidavits in support of his application. On 29 November 2004 Finkelstein J ordered that they and the exhibits to them be removed from the file and returned to the applicant. His Honour then ordered:

4. The applicant file proper affidavits in support of his application. Those affidavits should be limited to (1) Improper use of documents taken from the Applicant (2) Failure to account for $15,000 5. If the AAT application is withdrawn then the applicant can also bring his opposition to discharge … application in this Court.