Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McNamara v San (No. 5) [2010] FCA 960 Citation: McNamara v San (No. 5) [2010] FCA 960
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: 27
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:
1. Grants leave to the third respondent, as the applicant in the Notice of Motion filed 24 March 2010, to amend the Notice of Motion by deleting the proposed orders 1 and 2 and substituting orders in the following terms: '1. The applicant pay the costs of the third respondent and that those costs be taxed on an indemnity basis. 2. An order that Frank Kalyk, barrister and Mr Robert Kalde solicitor of Knight Lawyers in their capacity as counsel and solicitor for Paul Anthony McNamara the applicant in the proceedings pay the costs or some portion of the costs of the third respondent and that such costs be taxed on an indemnity basis under Order 62 Rule 9 of the Federal Court Rules or s 43 (3) of the Federal Court of Australia Act 1976 (Cth) being costs that would otherwise be payable by the applicant pursuant to Order 1.' 2. Grants leave to Mr Kalyk and Mr Kalde to file in court their respective affidavits sworn 20 August 2010. 3. Refuses leave to Mr Kalyk and Mr Kalde to file in court the affidavit of Mr Corsaro sworn 23 August 2010. AND THE COURT ORDERS THAT: 4. The applicant pay the costs of the third respondent in respect of the proceedings up to and including 15 March 2010. 5. The third respondent's Notice of Motion filed 24 March 2010 and amended on 23 August 2010 be otherwise dismissed. 6. The third respondent pay the costs of the Notice of Motion filed 24 March 2010 as amended on 23 August 2010 of Robert Peter Kalde and Francis Gary Kalyk.
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