Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Colonial Mutual Superannuation Pty Ltd ABN 56 006 831 983 v Flammia No 3 [2007] FCA 2104
COLONIAL MUTUAL SUPERANNUATION PTY LTD ABN 56 006 831 983 v LORENZO FLAMMIA & ANOR NSD1714 OF 2005
EMMETT J
7 DECEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1714 OF 2005
BETWEEN: COLONIAL MUTUAL SUPERANNUATION PTY LTD
ABN 56 006 831 983
Applicant
AND: LORENZO FLAMMIA
First Respondent
WILLIAM ANASTASIADIS
Second Respondent
LORENZO FLAMMIA
Cross-Claimant
LAWCOVER INSURANCE PTY LIMITED
Cross-Respondent
JUDGE: EMMETT J
DATE OF ORDER: 7 DECEMBER 2007
WHERE MADE: SYDNEY
THE COURT:
1. Grants leave to LawCover Insurance Pty Limited (LawCover), to the extent that leave is required, pursuant to section 58(3)(b) of the Bankruptcy Act 1966 (Cth), to file a Second-Cross Claim in the form of annexure A to the affidavit of Timothy Randolph Price sworn 22 November 2007, and to proceed upon that Second Cross-Claim. 2. Orders that the Second Cross-Claim be returnable instanter on a hearing for final relief and waives compliance with the Federal Court Rules to the extent necessary to allow that to occur. 3. Orders pursuant to Order 32 rule 2(1)(d) that the hearing for final relief referred to in 2 above proceed in the absence of the Cross-Respondent to the Second Cross-Claim (Flammia). 4. Declares that LawCover is not liable, by reason of Flammia's dishonest and fraudulent acts as set out in Annexure A hereto, to indemnify Flammia under the contract of insurance between LawCover and Flammia covering the period 1 July 2004 to 30 June 2005 for any claims arising from the circumstances giving rise to the claim by Colonial against Flammia as set out in Colonial's Application dated 16 September 2005 and Colonial's Further Amended Statement of Claim. 5. Orders that Flammia pay LawCover's costs of the proceedings generally, including LawCover's costs of and associated with the Second Cross-Claim, and LawCover's costs of and associated with LawCover's defence of the First Cross-Claim. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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