Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hoop & Javelin Holdings Limited v BT Projects Pty Limited (In Liq) (No 5) [2010] FCA 229 Citation: Hoop & Javelin Holdings Limited v BT Projects Pty Limited (In Liq) (No 5) [2010] FCA 229
Parties: HOOP & JAVELIN HOLDINGS LIMITED (A COMPANY INCORPORATED IN MALTA) v BT PROJECTS PTY LIMITED (IN LIQUIDATION) (ACN 097 995 698), INTABILL, INC (A COMPANY INCORPORATED IN THE BRITISH VIRGIN ISLANDS), DANIEL KIM TZVETKOFF and SALVATORE SCIACCA
File number: NSD 597 of 2009
Judge: LOGAN J
Date of judgment: 11 March 2010
Legislation: Federal Court Rules
Date of hearing: 11 March 2010
Place: Brisbane
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 12
Solicitor for the Applicant: Norton Rose
Solicitor for the Respondents: No appearance by the Respondents
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 597 of 2009
BETWEEN: HOOP & JAVELIN HOLDINGS LIMITED (A COMPANY INCORPORATED IN MALTA)
Applicant
AND: BT PROJECTS PTY LIMITED (IN LIQUIDATION) (ACN 097 995 698)
First Respondent
INTABILL, INC (A COMPANY INCORPORATED IN THE BRITISH VIRGIN ISLANDS)
Second Respondent
DANIEL KIM TZVETKOFF
Third Respondent
SALVATORE SCIACCA
Fourth Respondent
JUDGE: LOGAN J
DATE OF ORDER: 11 MARCH 2010
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The filing of a notice of motion by the applicant in respect of substituted service in relation to directions for the further conduct of the proceeding against the third respondent be dispensed with. 2. The applicant give notice of the making of these directions by sending a copy of the order by prepaid post to the third respondent at Unit 103/252 Hedges Avenue Mermaid Beach Q 4218 in an envelope marked "Important Court documents relating to Federal Court proceeding NSD597/2009" and by further sending a copy of the order by prepaid post in an envelope, like marked, to the third respondent care of Mr Kim Tzvetkoff, 35 Boscombe Road Brookfield Q 4069. 3. Service of these directions be deemed to have been effected upon Mr Tzvetkoff seven days after posting of the order in accordance with these directions. 4. The applicant file an affidavit attesting to the serving of these directions in accordance with this order within seven days of the posting of this order. 5. The third respondent file and serve a Fast Track Response and a notice of address for service on or before 26 March 2010. 6. The third respondent file and serve any evidence upon which he intends to rely including expert evidence by 30 April 2010. 7. The applicant have liberty to apply on two days' notice, that notice, in default of the filing and service by the third respondent of an address for service, being sufficiently given if sent by prepaid post to the addresses specified in this order. 8. The third respondent pay the applicant's costs of and incidental to the application for substituted service and the directions hearings on 5 March 2010 and on 11 March 2010 with express reservation as to whether the costs should be paid on an indemnity basis. 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. IN THE FEDERAL COURT OF AUSTRALIA
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