Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McNamara v San (No. 4) [2010] FCA 959 Citation: McNamara v San (No. 4) [2010] FCA 959
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: 23 August 2010
Date of hearing: 23 August 2010
Date of last submissions: 23 August 2010
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 15
The Applicant appeared in person.
Counsel for the Third Respondent: E W Young
Solicitor for the Third Respondent: Parry Carroll
Counsel for Mr Kalde and Mr Kalyk: W S Reynolds
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: 23 AUGUST 2010
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The third respondent's Notice of Motion filed 18 August 2010 be dismissed on his own application, such dismissal to be without prejudice to any right of the third respondent to bring fresh proceedings, in relation to the agreement alleged, against the applicant and Mr Frank Kalyk and Mr Robert Kalde. 2. The third respondent pay the costs of Mr Kalyk and Mr Kalde of the Notice of Motion filed 18 August 2010.
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