Underwood v Commonwealth Bank of Australia (ACN 123 123 124) [1995] FCA 112

CATCHWORDS

Lindgren J Sydney 16 January 1995

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG 99 OF 1993 GENERAL DIVISION )

BETWEEN: FRANK UNDERWOOD

First Applicant

SHIRLEY ELIZABETH UNDERWOOD Second Applicant

HARRY NOEL CARROL Third Applicant

ETHEL OLIVE CARROL Fourth Applicant

SHELAGAN PTY LIMITED (ACN 006 068 024) Fifth Applicant

ROTO PASTORAL COMPANY PTY LIMITED (ACN

000 018 244) Sixth Applicant AND: COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124) First Respondent DALGETY RURAL FINANCE LIMITED (ACN 000 034 917) Second Respondent DALGETY FARMERS LIMITED (ACN 004 302 390) Third Respondent CORAM:Lindgren J

PLACE:Sydney DATE:7 March 1995

MINUTE OF ORDERS

THE COURT:

1.ORDERS that the application be dismissed.

2.ORDERS that the fifth applicant pay the second and third respondents' costs on the application.

3.ORDERS that there be judgment for the cross-claimants against the third named cross- respondent in the amount of $358,541.78 with interest from 31 March 1993 to the date of

entry of judgment at the rates referred to in Schedule J to the Rules of the Supreme Court

of New South Wales.

4.ORDERS that the third named cross-respondent pay the costs of the cross-claimants on the

cross-claim.

5.ORDERS that the cross-claimants pay those costs of the first and second named cross-

respondents on the cross-claim additionally incurred by reason of their having been

Joined as cross-respondents.

6.GRANTS liberty to the parties to contact the Associate to Lindgren J with a view to the proceedings being listed for the making of orders incorporating a money amount for the

interest (referred to in order 3 above) on the debt the subject of the cross-claim.

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

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG 99 OF 1993 GENERAL DIVISION )