Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McNamara v San (No. 2) [2010] FCA 116 Citation: McNamara v San (No. 2) [2010] FCA 116
Parties: PAUL ANTHONY McNAMARA v BAO SAN, JULIE SAN, IVAN SAN, OFFICIAL TRUSTEE IN BANKRUPTCY and SCHON GREGORY CONDON
File number: NSD 615 of 2009
Judge: GRAHAM J
Date of judgment: 8 February 2010
Date of hearing: 8 February 2010
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 9
Counsel for the Applicant: F G Kalyk
Counsel for the Third Respondent: E W Young
Solicitor for the Third Respondent: Parry Carroll
Solicitor for the Fourth Respondent: M Freidman of Harris Freidman Hyde Page
Counsel for the Fifth Respondent: R D Marshall from 2:15pm to 2:50pm on 8 February 2010
Solicitor for the Fifth Respondent: M K L Hayter of Gillis Delaney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 615 of 2009
BETWEEN: PAUL ANTHONY McNAMARA
Applicant
AND: BAO SAN
First Respondent
JULIE SAN
Second Respondent
IVAN SAN
Third Respondent
OFFICIAL TRUSTEE IN BANKRUPTCY
Fourth Respondent
SCHON GREGORY CONDON
Fifth Respondent
JUDGE: GRAHAM J
DATE OF ORDER: 8 FEBRUARY 2010
WHERE MADE: SYDNEY
THE COURT GRANTS:
1. Leave to the applicant to further amend the Further Amended Application filed 3 November 2009 by deleting paragraph A3 and substituting as A3 "A declaration that the transfer of the family home of the first and second respondents to the third respondent is void against the fourth and fifth respondents." 2. Leave to the applicant to amend paragraph 2 of the preamble to the Further Amended Application filed 3 November 2009 by deleting that paragraph and substituting: "2. A declaration that the transfer of the family home property is void under section 120 and/or section 121 of the Bankruptcy Act 1966 (Cth)." AND THE COURT ORDERS THAT: 3. The costs of the third, fourth and fifth respondents that may prove to be thrown away by the further amendments to the Further Amended Application be reserved. 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 Federal Law Search on the Court's website.
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