Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pilato as liquidator of Energy Services Invironmental Pty Ltd (in liq) v Wallace [2019] FCA 958 File number: ACD 18 of 2018
Judge: GRIFFITHS J
Date of judgment: 19 June 2019
Cases cited: A G Cowley Holdings Pty Ltd v Central City Pty Ltd [2010] FCA 199; 183 FCR 102
Date of hearing: 19 June 2019
Registry: Australian Capital Territory
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: No catchwords
Number of paragraphs: 14
Counsel for the Plaintiffs: Mr S Briggs of SMB Law (as Town Agent)
Counsel for the Defendant: The defendant did not appear
Solicitor for the Plaintiffs: Taylor David Lawyers
ORDERS ACD 18 of 2019
BETWEEN: FRANK LO PILATO AS LIQUIDATOR OF ENERGY SERVICES INVIRONMENTAL PTY LTD (IN LIQUIDATION) ACN 099 783 641 First Plaintiff
ENERGY SERVICES INVIRONMENTAL PTY LTD (IN LIQUIDATION) ACN 099 783 641 Second Plaintiff
AND: NIGEL PATRICK WALLACE Defendant
JUDGE: GRIFFITHS J DATE OF ORDER: 19 June 2019
THE COURT ORDERS THAT:
1. The defendant pay to the plaintiffs the sum of $60,000 (Settlement Sum) together with interest thereon at a rate of 5.5% per annum for the period between 18 January 2019 and 19 June 2019. 2. The defendant pay the plaintiffs' costs of the proceedings as agreed or assessed incurred after 17 January 2019 insofar as those costs would not have been incurred if the defendant had complied with the terms of the Deed of Settlement. 3. The plaintiffs otherwise have leave to discontinue the proceedings with no order as to costs (save for the costs the subject of Order 2 above). 4. The plaintiffs serve a copy of these orders on the defendant by no later than close of business on 21 June 2019 by way of an email to the email address from which the defendant sent his email on 18 June 2019 at 2.19 pm. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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