Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Diab v McDonald [2007] FCA 387 MOHAMMED DIAB v GEOFFREY DAVID MCDONALD AND COMMONWEALTH BANK OF AUSTRALIA NSD 2051 OF 2006
RARES J
15 MARCH 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2051 OF 2006
BETWEEN: MOHAMMED DIAB
Applicant
AND: GEOFFREY DAVID MCDONALD
First Respondent
COMMONWEALTH BANK OF AUSTRALIA
Second Respondent
JUDGE: RARES J DATE OF ORDER: 15 MARCH 2007
WHERE MADE: SYDNEY
THE COURT:
1. Varies the time in which under r 7.03(3) of the Federal Court (Bankruptcy) Rules 2005 (Cth) the applicant must serve notice of the application on each creditor to not later than 16 March 2007. 2. Stands the hearing of the application for annulment and the hearing of the second respondent's notice of motion to dismiss the proceedings over to 26 March 2007 at 10.15am. 3. Orders the first respondent to pay the costs of any other party thrown away by reason of the adjournment today, and such costs are not to be taken from the bankrupt's estates. 4. Directs the applicant to file and serve: (a) any affidavit upon which he proposes to rely in reply to the affidavit of Geoffrey David McDonald affirmed 13 March 2007; (b) evidence of service upon his creditors in accordance with r 7.03 on or before 22 March 2007.
5. Directs the first respondent to file and serve any further affidavit upon which he proposes to rely on or before 19 March 2007. 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 NSD 2051 OF 2006
BETWEEN: MOHAMMED DIAB
Applicant
AND: GEOFFREY DAVID MCDONALD
First Respondent
COMMONWEALTH BANK OF AUSTRALIA
Second Respondent
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