IN THE FEDERAL RT_OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION BETWEEN: JUDGMENT NO. seat Sead ct ) ) No. ACT G 27 of 1992 ) ) ) ADOQROLL PTY LIMITED ADOSHARE PTY LIMITED SOUTHERN __PLUMBIN' PPLIE PTY LIMITED, ANTHONY WILLIAM GRIFFIN, BERNARD VINCENT MCKAY, ROBERT HENRY THOMSEN FREDERICK HN RICHARD: WALTRAME PTY LIMITED, BAYACI PTY LIMITED TTMAR WEISS INTEGRITY INSURANCE PTY LIMITED HARLE KENNETH BLIZARD, CHARLES KENNETH BLIZARD_AS EXECUTOR OF THE ESTATE OF THE LATE BERNADETTE RYDING, LESTER FIRTH A CIATES PTY LIMITED, ALFRED NATHAN LESTER, HAMERLEEN PTY LIMITED, JOHN WILLIAM FIRTH, ADOLPHE FREDERICK BEUTLER ANTHONY W RIFFIN PTY LIMITED MID STREAM LODGE PTY LIMITED, JAMES DOUGLAS BLAKE, ZANDRA YY BLAKE CONJOL PTY LIMITED KEYZQNE__PTY _ LIMITED BELOTTO _ PTY LIMITED, DENNIS HOWELL TERRACINI and ELAINE MERLE TERRACINI Applicants ALLEGRA CORPORATION LIMITED First Respondent ALLEGRA INVESTMENTS LIMITED Second Respondent MAUNTILL PTY LIMITED Third Respondent PEGASUS LEASING LIMITED Fourth Respondent MICHAEL GEORGE SINCLAIR, MARUTA PEARSON and MICHAEL MARKO ZIVKOVIC trading as FARNHAM INCLAIR & ASSOCIATES Fifth Respondents D MAKING ORDER MINUTE OF ORDER Neaves J. DATE OF QRDER HB 5 October 1994 WHERE MADE 3 Canberra THE COURT ORDERS THAT: 1. The applicants have liberty to file and serve on or before 4 November 1994 a further amended statement of claim. The motions on behalf of the third respondent and the first named of the fifth respondents and on behalf of the fourth respondent, in respect of each of which notice was filed on 26 April 1994, and the motion on behalf of the first and second respondents, notice of which was filed on 13 May 1994, be adjourned for mention on 21 November 1994. The costs of the motions be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION No. ACT G 27 of 1992 BETWEEN: ADOROLL PTY LIMITED, CADO E__ PTY LIMITED UTHERN PLUMBING PPLIE PTY LIMITED, ANTHONY WILLIAM GRIFFIN, BERNARD VINCENT MCKAY, ROBERT HENRY THOMSEN FREDERICK HN RECHARD WALTRAME PTY LIMITED BAYACI PTY LIMITED TTMAR WEL INTEGRITY INSURANCES PTY LIMITED CHARLE KENNETH BLIZARD HARLE KENNETH BLIZARD AS EXECUTOR OF THE ESTATE OF THE LATE BERNADETTE RYDIN LESTER FIRTH ASSOCIATES PTY LIMITED, ALFRED NATHAN LESTER, HAMERLEEN PTY LIMITED, JOHN WILLIAM FIRTH, ADOLPHE FREDERICK BEUTLER ANTHONY _W RIFFIN PTY LIMITED MID STREAM LODGE PTY LIMITED, JAMES _D! LAS BLAKE, ZANDRA JOY BLAKE ONJOL PTY LIMITED KEYZONE PTY LIMITED BELOTT: PTY LIMITED, DENNIS HOWELL TERRACINI and ELAINE MERLE TERRACINI Applicants AND: ALLEGRA CORPORATION LIMITED First Respondent ALLEGRA INVESTMENTS LIMITED Second Respondent MAUNTILL PTY LIMITED Third Respondent PEGASUS LEASING LIMITED Fourth Respondent MICHAEL GEORGE SINCLAIR MARUTA PEARSON and MICHAEL MARKO ZIVKOVIC trading as FARNHAM SINCLAIR & ASSOCIATES Fifth Respondents CORAM: Neaves J. DATE: 5 October 1994 REASONS FOR JUDGMENT Before the Court are three motions each seeking orders that the amended statement of claim filed on behalf of the applicants on 3 March 1994, or alternatively a number of paragraphs of that amended statement of claim, be struck out and for consequential orders. The first of the three motions, notice of which was filed on 26 April 1994, is made by the third respondent to the proceeding, Mauntill Pty Limited, and by the first named of the fifth respondents, Michael George Sinclair trading, with Maruta Pearson and Michael Marko Zivkovic, as Farnham Sinclair & Associates. The second of the three motions, notice of which was also filed on 26 April 1994, is made by the fourth respondent, Pegasus Leasing Limited. The third of the motions, notice of which was filed on 13 May 1994, is made by the first and second respondents, Allegra Corporation Limited and Allegra Investments Limited. The motions are made under 0.11, r.16, pars (a) and (b) of the Federal Court Rules. The motions are made in a proceeding, numbered ACT G 27 of 1992, pending in this Court. That proceeding was commenced by application filed on 26 June 1992. The application names 27 parties as applicants, being 13 corporations and 13 individuals, one of those individuals being joined in two capacities. The respondents are identified in the preceding paragraph of these reasons. The proceeding relates to a thoroughbred bloodstock breeding 3. partnership known as "The Capricorn Park No. 3 Breeding Partnership". The motions before the Court raise issues similar to those raised by the motions filed in the proceeding in this Court numbered ACT G 18 of 1992 and on which judgment has been given this day. It is to be noted, however, that the motions, in referring to the specific paragraphs of the amended statement of claim which are sought to be struck out, fail to take account of the circumstance that the amended statement of claim contains two paragraphs, pars 13 and 19, which have no counterpart in the further amended statement of claim the subject of the motions in the proceeding numbered ACT G 18 of 1992. Issues other than those considered upon the motions in the proceeding numbered ACT G 18 of 1992 are raised by the motions in the present proceeding. Subparagraph 13(b) appears to require amendment as it refers to six individuals as applicants none of whom is named as a party to the proceeding (see also subpar.9(e)). Paragraph 14 would also appear to require amendment as there are a number of applicants in relation to whom it is not alleged that any conversation took Place between them, or anyone on their behalf, and either Michael George Sinclair or Michael Z:1vkovic. Consequential amendments may be required to other paragraphs. Paragraphs 18 and 19 may require amendment as it .i1s not correct to say, as the paragraph infers, that Michael George Sinclair had a 4. conversation with each of the applicants. A similar comment is apt in relation to par.19. For those reasons and for reasons similar to those set out in the judgment in proceeding numbered ACT G 18 of 1992, the motions are adjourned to allow the applicants a period within which to file and serve, if so advised, a further amended statement of claim. If the applicants propose to file and serve a further amended statement of claim, the same is to be filed and served on or before 4 November 1994. The motions will be listed for mention on 21 November 1994. The costs of the motions are reserved. I certify that this and the preceding 3 pages are a true copy of the Reasons for Judgment herein of the Honourable Justice Dated: 5 October 1994 Counsel for the applicants other 3 than Frederick John Richards Mr B.R. McClintock There was no appearance for Frederick John Richards Solicitors for the applicants : Counsel for the first and second respondents Solicitors for the first and second respondents Counsel for the third respondent 3 Solicitors for the third respondent: Counsel for the fourth respondent Solicitors for the fourth respondent Counsel for the first named of the fifth respondents Solicitors for the first named of the fifth respondents Date of hearing Minter Ellison Morris Fletcher Mr R.J. Arthur Phillips Fox Mr R.J. Weber Blake Dawson Waldron Mr R.C. Refshauge Macphillamy Cummins & Gibson Mr R.J. Weber Blake Dawson Waldron 24 May 1994