Trilogy Funds Management Limited v Sullivan [2013] FCA 185

FEDERAL COURT OF AUSTRALIA

Trilogy Funds Management Limited v Sullivan [2013] FCA 185 Citation: Trilogy Funds Management Limited v Sullivan [2013] FCA 185

Parties: TRILOGY FUNDS MANAGEMENT LIMITED (ACN 080 383 679) AS THE RESPONSIBLE ENTITY FOR THE PACIFIC FIRST MORTGAGE FUND (ARSN 088 139 477) v PHILIP KEITH SULLIVAN, THOMAS WILLIAM SWAN, STEPHEN ANTHONY MCCORMICK, PETER CHARLES TRATHEN AND IAN WILLIAM DONALDSON

File number: NSD 604 of 2012

Judge: EMMETT J

Date of judgment: 26 February 2013

Legislation: Corporations Act 2001 (Cth) ss 601FS

Date of hearing: 14 December 2012 and 26 February 2013

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 18

Counsel for the applicant: S Nixon

Solicitor for the applicant: Maurice Blackburn

Counsel for the third respondent: F Lever SC

Solicitor for the third respondent: Mahoney Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 604 of 2012

BETWEEN: TRILOGY FUNDS MANAGEMENT LIMITED AS THE RESPONSIBLE ENTITY FOR THE PACIFIC FIRST MORTGAGE FUND

Applicant

AND: PHILIP KEITH SULLIVAN

Respondent

JUDGE: EMMETT J DATE OF ORDER: 26 FEBRUARY 2013 WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The interlocutory application filed on 17 September 2012 be dismissed. 2. The applicant on that application pay the costs of the respondent to that application. THE COURT DIRECTS THAT: 3. The costs in Order 2 above would not include the costs of furnishing the particulars dated 12 February 2013. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.