Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BDT Holdings Pty Ltd v Piscopo (No 3)[2010] FCA 1480 Citation: BDT Holdings Pty Ltd v Piscopo (No 3) [2010] FCA 1480
Parties: BDT HOLDINGS PTY LTD v SAMUEL PISCOPO
File number: NSD 528 of 2008
Judge: RARES J
Date of judgment: 17 December 2010
Date of hearing: 17 December 2010
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 12
Counsel for the Cross-Claimant: D. Allen
Solicitor for the Cross-Claimant: Proctor & Associates
Counsel for the Tenth Cross-Respondent: Tenth cross-respondent appeared in person
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 528 of 2008
BETWEEN: BDT HOLDINGS PTY LTD (ACN 085 809 972)
Applicant
AND: SAMUEL PISCOPO
Respondent and Cross-Claimant
NOMINEE SHAREHOLDINGS LIMITED
Fourth Cross-Respondent
HELEN WALKER
Fifth Cross-Respondent
TERRY HILL
Tenth Cross-Respondent
JUDGE: RARES J DATE OF ORDER: 17 DECEMBER 2010 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. There be no order as to costs in the proceedings against the fourth, fifth and tenth cross-respondents. 2. Leave be granted to the respondent/cross-claimant to file a notice of discontinuance of his cross-claim against the fourth, fifth and tenth cross-respondents on or before 23 December 2010. 3. The respondent/cross-claimant not be entitled to claim any indemnity out of the bankrupt estate of the tenth cross respondent in respect of the respondent / cross-claimants' motion seeking leave to discontinue. 4. The motion dated 3 December 2010 be dismissed with costs. 5. In the event no notice of discontinuance is filed pursuant to order 2, the cross-claim be dismissed as against each of the fourth, fifth and tenth cross-respondents on 24 December 2010. 6. The proceedings (including the cross-claim) be otherwise dismissed. THE COURT NOTES: 7. The undertaking of the solicitor for the respondent/cross-claimant, that in the event that the notice of motion directed to be filed on 3 December 2010 has not in fact been filed, he shall do so no later than 21 December 2010 and pay any relevant filing fees. 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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