Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Piscopo v NOT Lawyers [2008] FCA 1907
Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Ltd (1988) 81 ALR 397 cited SAMUEL PISCOPO v NOT LAWYERS, MICHAEL FRANCIS O'NEIL, SIMON GALLANT, DAVID EVANS, ELENA ROSE, BDT HOLDINGS PTY LTD and TERRY DONALD HILL
NSD 1707 of 2008
FOSTER J
11 DECEMBER 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1707 of 2008
BETWEEN: SAMUEL PISCOPO
Applicant
AND: NOT LAWYERS
First Respondent
MICHAEL FRANCIS O'NEIL
Second Respondent
SIMON GALLANT
Third Respondent
DAVID EVANS
Fourth Respondent
ELENA ROSE
Fifth Respondent
BDT HOLDINGS PTY LTD
Sixth Respondent
TERRY DONALD HILL
Seventh Respondent
JUDGE: FOSTER J
DATE OF ORDER: 11 DECEMBER 2008
WHERE MADE: SYDNEY
1. Upon Ms Jacki Lynn Cole giving to the Court the following undertakings: (a) That she will not have any further involvement in any proceedings which concern Mr Samuel Piscopo as the trustee of the bankrupt estate of Mr Terry Donald Hill (hereinafter in this undertaking referred to as "the proceedings"), which proceedings shall encompass the extant examination summons involving the bankrupt estate of Mr Terry Donald Hill, except for the limited purpose of: (i) settling invoices in relation to her previous work in relation to the proceedings; (ii) preparing the files for the purpose of handing them over to another solicitor at NOT Lawyers, namely Mr Michael Stevens; and (b) That she will not further discuss the proceedings with any other person at NOT Lawyers or with Counsel briefed in the proceedings, except for the limited purpose of settling invoices in relation to her previous work in and in connection with the proceedings, or otherwise with the express permission of Mr Piscopo; and also 2. Upon the respondents' undertaking to the Court to file and serve within seven days of today's date an affidavit or affidavits verifying that all reproductions of the documents the subject of the Application in these proceedings have either been deleted from electronic records or otherwise destroyed; THE COURT ORDERS THAT: 3. The proceedings otherwise be dismissed. 4. The applicant pay the respondents' costs of and incidental to the proceedings (as taxed or agreed) on a party/party basis up to and including 4 December 2008 and on an indemnity basis from 5 December 2008.
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