McNamara v San [2009] FCA 895

FEDERAL COURT OF AUSTRALIA

McNamara v San [2009] FCA 895

PAUL MCNAMARA v IVAN SAN

NSD 147 of 2009

PERRAM J

5 AUGUST 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION NSD 147 of 2009

BETWEEN: PAUL MCNAMARA

Applicant

AND: IVAN SAN

Respondent

JUDGE: PERRAM J

DATE OF ORDER: 5 AUGUST 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The interim application filed on 6 April be dismissed. 2. The documents to be produced pursuant to the Summons be limited as set out in a letter of KQ Lawyers dated 4 August 2009 a copy of which is attached to these orders. 3. Direct that the Examination pursuant to the Summons be limited such that in so far as it concerns the topic of Ivan San's purchase of 8 Balston Close Abbotsbury, the Examination shall not concern: 3.1 the intentions of the vendors or Ivan San's knowledge of those intentions; 3.2 his credit in respect of Supreme Court proceedings No 4784 of 2007 and the Federal Court proceedings NSD 615 of 2009 save as relates to Ivan San's sources and applications of funds for the purchase of the said property, his sources and applications of funds for mortgage and other payments relating to the said property, and the vendors' receipt and application of funds arising from that sale. 4. Grant liberty to the First Respondent to apply to the list clerk after 4 September 2009 for the fixing of a date for hearing of the Examination Summons 5. Order Paul McNamara to pay Ivan San's costs of the Interim Application up to and including 4 August 2009, as agreed or taxed. 6. Order Ivan San to pay Paul McNamara's costs of 5 August, as agreed or taxed. 7. Liberty to apply to Justice Perram on 24 hours notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.