Galluzzo v Begli

[2004] FCA 1452

FEDERAL COURT OF AUSTRALIA

Galluzzo v Begli [2004] FCA 1452

GALLUZZO & ORS v BAHRAM SHAFI BEGLI; EX PARTE BEGLI
NSD 1239 of 2004

ALLSOP J
7 SEPTEMBER 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1239 of 2004

BETWEEN:	VINCENT GALLUZZO, ROSS GOLOTTA, JOHN ANDRIANO, MICHAEL SIMONE TRADING AS GALLUZZO GOLOTTA ANDRIANO SOLICITORS APPLICANT
AND:	BAHRAM SHAFI BEGLI RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	7 SEPTEMBER 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. Grant leave to the applicant pursuant to s. 58 of the Bankruptcy Act to proceed with costs assessment file no. CL90363 of 2003 (and any ancillary proceedings which may be necessary with respect to costs) against the respondent.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1239 of 2004

BETWEEN:	VINCENT GALLUZZO, ROSS GOLOTTA, JOHN ANDRIANO, MICHAEL SIMONE TRADING AS GALLUZZO GOLOTTA ANDRIANO SOLICITORS APPLICANT
AND:	BAHRAM SHAFI BEGLI RESPONDENT

JUDGE:	ALLSOP J
DATE:	7 SEPTEMBER 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. An application is made for leave to proceed under s. 58 of the Bankruptcy Act 1966 (Cth) in form of the application filed on 18 August 2004.

2. The evidence in support is contained in the affidavit of Ross Gallotta and David Graziano Golotta sworn 17 August 2004 and 7 September 2004 respectively.

3. I am satisfied from the contents of the affidavits that a proper case has been made out for leave. The trustee has been served. It would appear that Mr Begli has been served. I grant leave in terms of order 1 of the application filed 18 August 2004.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop .

Associate:

Dated:            8 September 2004

Counsel for the Applicant:	Mr J O’Brien
Solicitor for the Applicant:	Galluzzo Golotta Adriano Solicitors
Date of Hearing:	7 September 2004
Date of Judgment:	7 September 2004