Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Linke v TT Builders Pty Ltd (No 3) [2015] FCA 1054 Citation: Linke v TT Builders Pty Ltd (No 3) [2015] FCA 1054
Parties: TOBIN JAMES LINKE v TT BUILDERS PTY LTD (ACN 120 541 424), ANTONIO MAURIZIO TESSITORE and HARRIS REAL ESTATE PTY LTD (ACN 140 836 997)
File number: SAD 56 of 2014
Judge: WHITE J
Date of judgment: 10 September 2015
Catchwords: COSTS – enforcement of costs order – application under rr 41.01 and 41.10 of the Federal Court Rules 2011 (Cth) and Enforcement of Judgments Act 1991 (SA) – application for court to investigate respondent's means of satisfying judgment debt – summons for examination – summons to produce documents
Legislation: Bankruptcy Act 1966 (Cth) Enforcement of Judgments Act 1991 (SA) s 4 Federal Court of Australia Act 1976 (Cth) s 53 Federal Court Rules 2011 (Cth) rr 40.32, 41.01, 41.10
Cases cited: Director of Public Prosecutions v George [2008] SASC 330; (2008) 102 SASR 246 Martinek v Evans [2004] FCA 1269; (2004) 211 ALR 651 McCormack v National Australia Bank Ltd [1992] FCA 183; (1992) 35 FCR 303
Date of hearing: 10 September 2015
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 41
Counsel for the Applicant: Ms GC Walker
Solicitor for the Applicant: Fenwick Elliott Grace
Counsel for the Other Party: Mr SA Evans
Solicitor for the Other Party: Clarke Hemmerling Lawyers
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 56 of 2014
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