Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nugawela v Dudley [2020] FCA 102 File number: WAD 528 of 2017
Judge: MCKERRACHER J
Date of judgment: 7 February 2020
Date of publication of reasons: 10 February 2020
Cases cited: Boensch v Pascoe [2019] HCA 49
Date of hearing: 7 February 2020
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: No Catchwords
Number of paragraphs: 20
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: The Respondent did not appear
Counsel for the Interested Party: The Interested Party did not appear
ORDERS WAD 528 of 2017
BETWEEN: PATRICK ALLAN NUGAWELA Applicant
AND: GREGORY BRUCE DUDLEY AS TRUSTEE FOR ESTATE OF PATRICK NUGAWELA NO. WA267 OF 2017 Respondent
COMMONWEALTH BANK OF AUSTRALIA ACN 123 123 124 Interested Party
JUDGE: MCKERRACHER J DATE OF ORDER: 7 FEBRUARY 2020
THE COURT ORDERS THAT: 1. Notwithstanding Federal Court Rule 17.01(2) and pursuant to Federal Court Rule 17.04(c), the Applicant's interlocutory application filed on 6 February 2020 be heard prior to the service of the application (and supporting affidavit) by reason of its urgency (as outlined in the supporting affidavit). 2. Until further order, the Commonwealth Bank of Australia (ACN 123 123 124), and its officers, servants or agents be restrained from performing any acts or signing any documents in furtherance of any sale, transfer or dealing with the property located at 126 Coolibah Drive, Greenwood in the State of Western Australia. 3. The Applicant serve forthwith on the Respondents by email a copy of these orders and the interlocutory application filed on 6 February 2020 (and the supporting affidavit). 4. The interlocutory application for injunctive relief filed on 6 February 2020 be listed for hearing on 11 February 2020 at 2:15 pm. 5. Costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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