Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zegarac v Rambaldi [2009] FCA 1463
PRACTICE AND PROCEDURE – motion to summarily dismiss proceeding – whether a sequestration order ought to have been made – whether proceeding is frivolous or vexatious – proceeding dismissed
Bankruptcy Act 1966 (Cth) s 153B(1) Federal Court Rules O 20 r 5 Dellios v Zegarac [2006] FCA 1733, referred to Dellios v Zegarac (No 2) [2006] FCA 1831, referred to General Steel Industries Inc. v Commissioner for Railways (NSW) (1964) 112 CLR 125, cited Transcript of Proceedings, Zegarac v Paul Dellios t/as Dellios West & Co (High Court of Australia, Gummow J, 6 September 2007), referred to Walton v Gardiner (1993) 177 CLR 378, cited Zegarac v Dellios [2005] VSC 264, referred to Zegarac v Dellios [2006] FMCA 34, referred to SLAVICA ZEGARAC v MR GESS RAMBALDI and MR ANDREW YEO
VID 518 of 2009
TRACEY J
11 DECEMBER 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION VID 518 of 2009
BETWEEN: SLAVICA ZEGARAC
Applicant
AND: MR GESS RAMBALDI
First Respondent
MR ANDREW YEO
Second Respondent
JUDGE: TRACEY J
DATE OF ORDER: 11 DECEMBER 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The title of the proceeding be amended by substituting Mr Gess Rambaldi and Mr Andrew Yeo as respondents in place of Pitcher Partners. 2. The proceeding be dismissed. 3. The applicant pay the respondents' costs of the proceeding. 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. IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION VID 518 of 2009
BETWEEN: SLAVICA ZEGARAC
Applicant
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