Cadoroll P/L & Ors v. Allegra Corporation Ltd & Ors [1994] FCA 1046

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN:

PRINCIPAL REGISTAY

No.

eee

CADOROLL PTY LIMITED

CADOSHARE PTY LIMITED

JAMES DOUGLAS BLAKE

HAMERLEEN PTY LIMITED

ALFRED NATHAN LESTER

LESTER FIRTH ASSOCIATES PTY LIMITED

JOHN WILLIAM FIRTH

WALTRAME PTY LIMITED

ZANDRA_ JOY BLAKE

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 SINCLAIR & ASSOCIATES

Fifth Respondents

MINUTE OF ORDER

JUDGE MAKING ORDER

DATE OF ORDER

WHERE_MADE

Neaves J. 23 December 1994

Canberra

ACT G 18 of 1992

THE COURT ORDERS THAT:

1. The motion by the first and second respondents and the motion by the third and fourth respondents and the first named of the fifth respondents, notice of which was given on 28 November 1994, in so far as they seek orders dismissing or striking out the substantive application herein, be dismissed.

2. The said motions, in so far as they seek orders as to the sufficiency or appropriateness of the second further amended statement of claim, be adjourned until 17 February 1995.

3. The parties to the substantive application herein be restrained until the hearing and determination of that application or until further order from taking any further step in the proceedings pending in the Supreme Court of South Australia numbered 818 of 1992, 2221 of 1992, 2228 of 1992 and 2230 of 1992.

4. The costs of and incidental to the proceedings in this Court on 2 and 8 December 1994 and this day be costs in the cause.

5. Any party have liberty to apply on 7 days' notice.

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