FEDERAL COURT OF AUSTRALIA
Mircevski v Pattison [2011] FCA 740
IN THE FEDERAL COURT OF AUSTRALIA | |
| Applicant | |
AND: | First Respondent PATTISON BUSINESS RECOVERY & INSOLVENCY SPECIALISTS PTY LTD (ACN 098 345 343) Second Respondent INSOLVENCY AND TRUSTEE SERVICE AUSTRALIA Third Respondent DEPUTY COMMISSIONER OR TAXATION Fourth Respondent |
DATE OF ORDER: | |
WHERE MADE: |
THE COURT ORDERS THAT:
1. The substantive application is dismissed.
2. The applicant pay the first respondent’s costs of the proceeding.
3. The applicant pay the third respondent’s costs of the proceeding.
4. There is liberty to apply on the question of costs.
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.
VICTORIA DISTRICT REGISTRY | |
GENERAL DIVISION | VID 193 of 2011 |
BETWEEN: | ALEX MIRCEVSKI Applicant
|
AND: | PAUL ANTHONY PATTISON First Respondent PATTISON BUSINESS RECOVERY & INSOLVENCY SPECIALISTS PTY LTD (ACN 098 345 343) Second Respondent INSOLVENCY AND TRUSTEE SERVICE AUSTRALIA Third Respondent DEPUTY COMMISSIONER OR TAXATION Fourth Respondent |
JUDGE: | MARSHALL J |
DATE: | 25 MAY 2011 |
PLACE: | MELBOURNE |
REASONS FOR JUDGMENT
1 At the hearing of this matter the applicant sought leave, through his counsel, Mr Slater, “to withdraw this matter before the court in whole”. This, in effect, was an application to discontinue the proceeding.
2 Counsel for the first respondent, Mr Fary, opposed the applicant’s application to discontinue and made submissions seeking that the matter be dismissed instead. Mr Fary submitted that “[t]oday is the hearing. There is no evidence before the court and so the court is in a position to dismiss the application.” Mr Slater then confirmed that the applicant had no evidence to present on his application.
3 I found Mr Fary’s submissions for dismissal of the matter persuasive and consequently made the orders set out above.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Marshall. |
Associate:
