Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Davis v Insolvency and Trustee Service Australia [2009] FCA 729
PETER LEWIS DAVIS v INSOLVENCY AND TRUSTEE SERVICE AUSTRALIA, CHILD SUPPORT REGISTRAR, MAGISTRATES OF NEW SOUTH WALES and D C BEALE, M J HORTON AND A J McMINN AS TRUSTEES OF THE ESTATE OF THE LATE DR ERIC L DAVIS
NSD 535 of 2009
GRAHAM J
30 JUNE 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 535 of 2009
BETWEEN: PETER LEWIS DAVIS
Applicant
AND: INSOLVENCY AND TRUSTEE SERVICE AUSTRALIA
First Respondent
CHILD SUPPORT REGISTRAR
Second Respondent
MAGISTRATES OF NEW SOUTH WALES
Third Respondent
D C BEALE, M J HORTON AND A J McMINN AS TRUSTEES OF THE ESTATE OF THE LATE DR ERIC L DAVIS
Fourth Respondent
JUDGE: GRAHAM J
DATE OF ORDER: 30 JUNE 2009
WHERE MADE: SYDNEY
THE COURT GRANTS: 1. Leave to the applicant to file in Court an Amended Notice of Motion dated 29 June 2009. AND THE COURT NOTES THAT: 2. The second respondent by her solicitor undertakes to the Court that, pending the resolution of proceeding NSD 52 of 2009, the second respondent: (a) will not instruct the first respondent to take any further action under the enforcement warrant issued pursuant to orders made by the Local Court of New South Wales on 8 November 2005 in respect of 20 St Kevin's Avenue, Benowna in the State of Queensland. (b) will not pay out any moneys received from the fourth respondents pursuant to the Notice dated 25 March 2009 that was issued by the second respondent to the fourth respondents under s 72A of the Child Support (Registration and Collection) Act 1988. AND THE COURT GRANTS: 3. Leave to the applicant to discontinue proceeding number NSD 535 of 2009 so far as concerns the relief sought in paragraph 1 of the Amended Notice of Motion filed in Court on 30 June 2009. AND THE COURT ORDERS THAT: 4. The applicant pay the second respondent's costs of the Motion and Amended Notice of Motion 5. The said costs may be taxed and shall be payable forthwith.
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