Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ozmen Entertainment Group Pty Ltd v Neptune Hospitality Pty Ltd (No 6) [2020] FCA 288 File number: NSD 1424 of 2017
Judge: RARES J
Date of judgment: 14 February 2020
Legislation: Federal Court of Australia Act 1976 (Cth), Pt VB, s 37N Federal Court Rules 2011, r 5
Cases cited: Tamaya Resources Ltd v Deloitee Tomche Tohmatsu (2016) 332 ALR 199
Date of hearing: 14 February 2020
Registry: New South Wales
Division: General Division
National Practice Area: Admiralty and Maritime
Category: No Catchwords
Number of paragraphs: 26
Counsel for the Applicants: B. K. Nolan
Solicitor for the Applicants: Metis Law
Counsel for Brian Silvia and Ian Currie: J. Baird
Solicitor for Brian Silvia and Ian Currie: Carneys Lawyers
Counsel for Terry Borella: A. Blank
Solicitor for Terry Borella: Horowitz & Bilinsky Solicitors
ORDERS NSD 1424 of 2017
BETWEEN: OZMEN ENTERTAINMENT GROUP PTY LTD First Applicant
KANKI SEA TOURISM HOSPITALITY & ENTERTAINMENT PTY LTD Second Applicant
AND: NEPTUNE HOSPITALITY PTY LTD Respondent
JUDGE: RARES J DATE OF ORDER: 14 FEBRUARY 2020
THE COURT ORDERS THAT:
1. The interlocutory application of Terry Borella filed on 13 February 2020 be dismissed. 2. Terry Borella pay the costs of the applicants and former receivers incurred in respect of his interlocutory application filed on 13 February 2020. 3. The former receivers' remuneration and expenses for the period 6 July 2019 to 14 February 2020 be approved in the sum of $91,900 and be paid by the applicants to the former receivers in two equal instalments as follows: (a) $45,950 on or before 21 February 2020; and (b) $45,950 on or before 28 February 2020. 4. The interlocutory applications of the former receivers filed on 14 June 2019 and 10 February 2020 be otherwise dismissed. 5. Any claim by Terry Borella for his fees and expenses against the former receivers be permanently stayed by reason of his default in complying with order 2 made on 30 September 2019 and his failure to appear on 7 February 2020. 6. The proceeding be listed for a case management hearing on 25 September 2020. THE COURT NOTES THAT: 7. The claim for the former receivers' remuneration and expenses determined by Order 3 above is the final claim for the former receivers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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