Poignand, R.J. v. NZI Securities Australia Ltd & Ors [1994] FCA 773

JUDGMENT No. sionde2dud 2K."

Snenceconere

ISTRI FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 397 of 1992 GENERAL DIVISION ) No. NG 620 of 1992 BETWEEN: ROGER JAMES POIGNAND Applicant AND: NZI SECURITIES AUSTRALIA LIMITED & ORS Respondents BETWEEN: NZI CAPITAL CORPORATION LIMITED Applicant AND: ROGER JAMES POIGNAND & ORS Respondents CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 25 OCTOBER 1994 FEDERAL COURT OF AUSTRALIA .

The motions of the respondents in proceedings NG 397 of 1992 and of the applicant in proceedings NG 620 of 1992 be dismissed.

The hearing of proceedings NG 397 of 1992 should include issues relating to the quantification of damages claimed by the applicant.

The applicant in proceedings NG 397 of 1992 file and serve an amended statement of claim, in conformity with the

reasons herein, on or before 2 November 1994.

All parties to proceedings NG 620 of 1992 who are group

members in proceedings NG 397 of 1992 (including the applicant in proceedings NG 397 of 1992) to file and serve any amended pleadings in the guarantee proceedings in consequence of the amended statement of claim in proceedings NG 397 of 1992, on or before 9 November 1994.

Stand the matter over for further directions at 9.30 a.m. on 11 November 1994,

The parties to proceedings NG 397 of 1992 have liberty to apply on 48 hours notice.

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

FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 397 of 1992 GENERAL DIVISION ) No. NG 620 of 1992 BETWEEN: ROGER JAMES POIGNAND Applicant AND: NZI SECURITIES AUSTRALIA LIMITED & ORS Respondents BETWEEN: NZI CAPITAL CORPORATION LIMITED Applicant AND: ROGER JAMES POIGNAND & ORS Respondents CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 25 OCTOBER 1994 REASONS FOR JUDGMENT Background