Simmons, A.N. & Anor v Clearview Aluminium Window (Aust) Pty Ltd & Ors [1995] FCA 315

IN THE FEDERAL COURT OF AUSTRALIA)No. QG 39 of 1995 QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION ) BETWEEN: ANDREW NICHOLAS SIMMONS of 6 Bellevue Crescent Edge Hill, Queensland First Applicant RONALD LEE STEPHENS of 4 Bellevue Crescent Edge Hill, Queensland Second Applicant AND: CLEARVIEW ALUMINIUM WINDOWS (AUST) PTY. LIMITED, (ACN 000 432 637) of 22 Clearview Place Brookvale, New South Wales First Respondent NASIB PTY. LIMITED, (ACN 062 086 426) C/- Coopers & Lybrand, Level 4 National Mutual, 15 Lake Street Cairns, Queensland Second Respondent STEPHEN CHARLES MARROW of 12 Tyrone Street SOUTH YARRA VIC 3141 Third Respondent NATIONAL AUSTRALIA BANK LIMITED (ACN 004 044 937) of 255 Adelaide Street Brisbane, Queensland Fourth Respondent MINUTES OF ORDERS JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 9 May, 1995 WHERE MADE: Brisbane

UPON the applicants undertaking, until further order or final judgment in these proceedings, to provide, through their solicitors, 14 days' notice in writing to the solicitors for the second and third respondents: (a) of any change of residential address; and (b) of any proposed journey overseas; THE COURT ORDERS THAT: 1. The second and third respondents' motion for security for costs be adjourned sine die. 2. The second and third respondents be granted liberty to apply, upon giving three days' notice in writing to the applicants, to bring the motion on. 3. Costs be reserved. THE COURT FURTHER ORDERS THAT: 1. The second and third respondents' motion to strike out the whole of the claim made against each in the applicants' statement of claim be granted. 2. The applicants be granted leave to re-plead against the second and third respondents. 3. There be no order as to costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.