Meagher v Zanjani [2016] FCA 1226

FEDERAL COURT OF AUSTRALIA

Meagher v Zanjani [2016] FCA 1226 File number: QUD 308 of 2016

Judge: EDELMAN J

Date of judgment: 13 October 2016

Catchwords: PRACTICE AND PROCEDURE – application for standard discovery and springing orders – Federal Court Rules 2011 (Cth) r 5.23(2) – defendant currently unable to comply with orders for discover

Legislation: Federal Court Rules 2011 (Cth) r 5.23(2)

Cases cited: Engineered Thermal Systems Pty Limited v Salmon, In the Matter of Salmon & Speck Pty Ltd (In Liq) [2012] FCA 1159 Ferella v Official Trustee in Bankruptcy [2013] FCA 1319 Speedo Holdings B.V. v Evans (No 2) [2011] FCA 1227 Wu v Avin Operations Pty Ltd (ACN 076 956 913) [2006] FCA 36

Date of hearing: 13 October 2016

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 12

Solicitor for the Plaintiff: Ms Symenovych of JHK Legal

Solicitor for the Defendant: Mr PW Evans of McKays

ORDERS QUD 308 of 2016

BETWEEN: ANNE MEAGHER AND TERRENCE JOHN ROSE AS JOINT AND SEVERAL LIQUIDATORS OF LINMEL ACCOMMODATION SOLUTIONS PTY LTD (IN LIQUIDATION) ACN 159 758 960 Plaintiff

AND: HAMID HAKAKZADEH ZANJANI TRADING AS TARQUIN CONSTRUCTIONS ABN 58 193 173 006 Defendant

JUDGE: EDELMAN J DATE OF ORDER: 13 OCTOBER 2016

THE COURT ORDERS THAT:

1. The plaintiff's interlocutory application filed 5 October 2016 be dismissed. 2. The defendant file and serve his Genuine Steps Statement on the plaintiff by 20 October 2016. 3. The matter be listed for directions on a date after 9 November 2016. 4. The defendant pay the costs of the plaintiff of the interlocutory application filed 5 October 2016. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.