Cadoroll P/L & Ors v. Allegra Corporation Ltd & Ors [1994] FCA 1047

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IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

GENERAL DIVISION

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No. ACT G 27 of 1992

BETWEEN: CADOROLL PTY LIMITED CADOSHARE PTY LIMITED WALTRAME PTY LIMITED

LESTER FIRTH ASSOCIATES PTy

LIMITED

ALFRED NATHAN LESTER HAMERLEEN PTY LIMITED JOHN WILLIAM FIRTH JAMES DOUGLAS BLAKE

ZANDRA JOY BLAKE

Applicants

AND: ALLEGRA CORPORATION LIMITED

First Respondent

ALLEGRA INVESTMENTS LIMITED

Second Respondent

MAUNTILL PTY LIMITED

Third Respondent

PEGASUS LEASING LIMITED

RECEIVED

29 DEC 1994

FEDERAL COURT OF STRALIA

AE TCPAL REGISTRY

MINUTE OF ORDER

JUDGE MAKING ORDER

DATE OF ORDER

WHERE MADE Canberra

Neaves J.

Fourth Respondent

MICHAEL GEORGE SINCLAIR,

MARUTA PEARSON and

MICHAEL MARKO ZIVKOVIC trading as FARNHAM SINCLAIR & ASSOCIATES

Fifth Respondents

23 December 1994

THE COURT ORDERS THAT:

1.

Note:

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.

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.

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 821 of 1992, 2217 of 1992, 2222 of 1992 and 2229 of 1992.

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.

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

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Settlement and entry of orders is dealt with in Order