New World Oil & Developments Pty Ltd & Anor v 163 Clarence Street Pty Ltd & Ors [1995] FCA 138

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG249 of 1993 GENERAL DIVISION ) On an appeal from a single judge of the Federal Court of Australia BETWEEN: NEW WORLD OIL AND DEVELOPMENTS PTY LIMITED First Applicant JAMINO PTY LIMITED Second Applicant AND: 163 CLARENCE STREET PTY LIMITED First Respondent OPTIMUS PTY LIMITED Second Respondent CARRIER AIR CONDITIONING PTY LIMITED Third Respondent INTERIOR DIRECTIONS PTY LIMITED Fourth Respondent COURT: Black CJ, Jenkinson and Gummow JJ DATE: 6 March 1995 PLACE: Melbourne MINUTES OF ORDER The Court orders that: 1. Leave to appeal be granted. 2. The appeal be allowed. 3. The order of Einfeld J made on 24 February 1995, that the respondents' motion for a joint hearing of the claims and cross-claims be dismissed, be set aside. 4. The claims and the cross-claims be heard before the same judge and at the same time.

5. The fixture of the proceeding for trial on 13 March 1995 be confirmed. 6. The costs of the motion before Einfeld J be reserved to Einfeld J. 7. 163 Clarence Street Pty Limited pay the costs of New World Oil & Developments Pty Limited, Jamino Pty Ltd and Carrier Air Conditioning Pty Limited of the application for leave to appeal and of the appeal. Note: Settlement and entry of orders is dealt with under Order 36 of the Federal Court Rules.