McNamara v San (No. 4)

[2010] FCA 959

FEDERAL COURT OF AUSTRALIA

McNamara v San (No. 4) [2010] FCA 959

Citation:		McNamara v San (No. 4) [2010] FCA 959
Parties:		PAUL ANTHONY McNAMARA v BAO SAN, JULIE SAN, IVAN SAN, OFFICIAL TRUSTEE IN BANKRUPTCY and SCHON GREGORY CONDON
File number:		NSD 615 of 2009
Judge:		GRAHAM J
Date of judgment:		23 August 2010
Date of hearing:	23 August 2010
Date of last submissions:	23 August 2010
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	15
The Applicant appeared in person.
Counsel for the Third Respondent:	E W Young
Solicitor for the Third Respondent:	Parry Carroll
Counsel for Mr Kalde and Mr Kalyk:	W S Reynolds

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 615 of 2009

BETWEEN:

PAUL ANTHONY McNAMARA
Applicant

AND:

BAO SAN
First Respondent

JULIE SAN
Second Respondent

IVAN SAN
Third Respondent

OFFICIAL TRUSTEE IN BANKRUPTCY
Fourth Respondent

SCHON GREGORY CONDON
Fifth Respondent

JUDGE:	GRAHAM J
DATE OF ORDER:	23 AUGUST 2010
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The third respondent’s Notice of Motion filed 18 August 2010 be dismissed on his own application, such dismissal to be without prejudice to any right of the third respondent to bring fresh proceedings, in relation to the agreement alleged, against the applicant and Mr Frank Kalyk and Mr Robert Kalde.

2.The third respondent pay the costs of Mr Kalyk and Mr Kalde of the Notice of Motion filed 18 August 2010.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 615 of 2009

BETWEEN:

PAUL ANTHONY McNAMARA
Applicant

AND:

BAO SAN
First Respondent

JULIE SAN
Second Respondent

IVAN SAN
Third Respondent

OFFICIAL TRUSTEE IN BANKRUPTCY
Fourth Respondent

SCHON GREGORY CONDON
Fifth Respondent

JUDGE:	GRAHAM J
DATE:	23 AUGUST 2010
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. There are two motions before the Court.  The first is a motion that was filed on 24 March 2010, and the second is a motion that was filed on 18 August 2010.  The motion presently under consideration is the motion filed 18 August 2010. 

2. On 15 March 2010, the Court delivered its reasons for judgment in the proceedings in which Paul Anthony McNamara was the applicant, Bao San and Julie San were the first and second respondents, Ivan San, their son, was the third respondent, and the fifth and fourth respondents were, respectively, the trustees of the bankrupt estates of the first and second respondents.  The proceedings related to the transfer of a property by the first and second respondents to the third respondent. 

3. The applicant was represented throughout by Mr Kalyk of counsel, instructed by Mr Kalde of Knight Lawyers and, formerly, of K Q Lawyers.  The third respondent was represented by Mr Young of counsel on the instructions of Parry Carroll, solicitors.  The fourth respondent…