Karasmanis v Weston & Anor; In the matter of Karl Suleman Enterprizes Pty Limited [2002] NSWSC 1001

New South Wales Supreme Court

CITATION : Karasmanis v Weston & Anor; In the matter of Karl Suleman Enterprizes Pty Limited [2002] NSWSC 1001 FILE NUMBER(S) : SC 5415 of 2001 HEARING DATE(S) : 6 September 2002 JUDGMENT DATE : 23 September 2002

John Karasmanis PARTIES : Paul G Weston In the matter of Karl Suleman Enterprizes Pty Limited JUDGMENT OF : Registrar Michael Whitehead

COUNSEL : Mr A Ivanstoff (applicant) Mr J E Thomson and Mr C D Wood (respondent) SOLICITORS : CATCHWORDS : witnesses expenses - corporations law examinations LEGISLATION CITED : Supreme Court Rules Part 37 rule 9 Corporations Rules 1.3 Re BPTC (in liq) (1992) 29 NSWLR 713 Re Kempal Pty Ltd (1989) 17 NSWLR 550 CASES CITED : Re Spedley Securities (in liq); ex p. Australian National Industries Ltd (1991) 4 ACSR 322 Ex Parte Merrett; Re ACN 072 081 111 (1997) 25 ACSR 146 Deposit & Investment Co Ltd (receivers appointed) v Peat Marwick Mitchell & Co (1996) 39 NSWLR 267 Re Equiticorp Finance Ltd; Ex parte Brock [No.2] (1992) NSWLR 391 DECISION : The applicant's ntoice of motion filed 3 July 2002 is dismissed.; The applicant pay the respondent's costs of the motion.

- 3 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Senior Deputy Registrar Whitehead

23 September 2002

5415 of 2002 Karasmanis v Weston & Anor; In the mater of Karl Suleman Enterprizes Pty Limited

JUDGMENT 1 Registrar: This is a motion filed by John Karasmanis on 3 July 2002. The motion was heard on 6 September 2002. 2 The applicant seeks an order that the respondents pay him the sum of $5,759.42, or such other sum as the Court deems appropriate. The sum relates to his costs associated with the production of documents pursuant to an order for production issued by the Court at the request of the liquidator of Karl Suleman Enterprizes Pty Limited and Froggy Holdings Pty Limited. 3 Mr A Ivantsoff appeared for the applicant. Mr J E Thomson and Mr C D Wood appeared for the respondent. 4 The applicant read the affidavit of Gregory Hilton Artup sworn 3 July 2002. There was no objection to the affidavit. 5 The applicant also tendered a copy of part of the transcript of the examination of Mr Karasmanis. It is marked exhibit "A". 6 The respondent read the following affidavits: Robert Daniel Smithies sworn 18 July 2002. Sam Duggan sworn 6 September 2002 along with the exhibits thereto. 7 There was no objection to these affidavits 8 There was no evidence in reply. 9 The applicant moves the Court under Part 37 rule 9. 10 Rule 1.3 of the Corporations Rules provides in part: