Stewart, N.M. & Anor v. Glenpitney Pty Ltd & Ors [1987] FCA 136

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IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G169 of 1986 GENERAL DIVISION )

BEIWEEN: NANCY MARIS STEWART and ADAM HUNTER STEWART

Applicants AND: GLENPITNEY PTY. LTD.

First Respondent AND: HAROLD KUCKO

Second Respondent

AND: LLOYD JOHN WILLIAMSON

Third Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 19 MARCH 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

(1)

(2) (3)

(4)

Pursuant to 0.52, r.10, time for making the oral application contemplated by r.10, subr.1 1s extended to 19 March 1987;

The application for leave to appeal be dismissed; The third respondent (to the original proceedings) pay the applicants' costs of and incidental to the application for leave to appeal to be taxed;

The application for leave to appeal from order 1 no. (2) above be dismissed.

oN NUen to ™! Lt Settlement and entry of orders is dealt ah in MEN, Order 36 of the Federal Court Rules. 7 "oat

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G169 of 1986 GENERAL DIVISION )

BETWEEN: NANCY MARIS STEWART and ADAM HUNTER STEWART Applicants AND: GLENPITNEY PTY. LTD. First Respondent AND: HAROLD KUCKO

Second Respondent

AND: LLOYD JOHN WILLIAMSON

Third Respondent

PINCUS J. 19 MARCH 1987

EX TEMPORE REASONS FOR JUDGMENT

This is an application for leave to appeal from an interlocutory judgment of mine delivered on 2 March 1987. No application was made orally at the time of delivery of judgment, but Mr. Boyce Q.C., senior counsel for the applicant, asks that time be extended now to allow such an application under 0.52,

r.1(1), and that will be ordered.

The principal question dealt with in my judgment of 2 March was whether the claim made by the applicants against the

third respondent in the principal proceedings, a director of the

first respondent, was so pleaded as to bring the case within s.75B