Mackay Sugar Co-operative Association Ltd & Ors v CSR Ltd & Anor [1995] FCA 486

Federal Court of Australia

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IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) No. QG 178 of 1994 GENERAL DIVISION ) BETWEEN : MACKAY SUGAR CO-OPERATIVE ASSOCIATION LIMITED (ARBN 057 463 671) First Applicant AND : ED & F MAN AUSTRALIA PTY LTD (ACN 054 982 071) Second Applicant AND : MACKAY REFINED SUGARS PTY LTD (ACN 054 641 824) Third Applicant AND : ED & F MAN NEW ZEALAND LIMITED (AK 552905) Fourth Applicant AND : MACKAY REFINED SUGARS (NZ) LIMITED (AK 552905) Fifth Applicant AND : CSR LIMITED (ACN 000 001 276) First Respondent AND : NEW ZEALAND SUGAR COMPANY LIMITED (AK 058799) Second Respondent CORAM: Spender J PLACE: Brisbane DATE: 7 July 1995 MINUTES OF ORDER 1. THE COURT GRANTS: liberty to the applicants in the principal proceedings to replead the statement of claim within fourteen days. 2. THE COURT ORDERS THAT: the respondents to the principal proceedings are to have the costs of their motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) No. QG 178 of 1994 GENERAL DIVISION ) BETWEEN : MACKAY SUGAR CO-OPERATIVE ASSOCIATION LIMITED (ARBN 057 463 671) First Applicant AND : ED & F MAN AUSTRALIA PTY LTD (ACN 054 982 071) Second Applicant AND : MACKAY REFINED SUGARS PTY LTD (ACN 054 641 824) Third Applicant AND : ED & F MAN NEW ZEALAND LIMITED (AK 552905) Fourth Applicant AND : MACKAY REFINED SUGARS (NZ) LIMITED (AK 552905) Fifth Applicant AND : CSR LIMITED (ACN 000 001 276) First Respondent AND : NEW ZEALAND SUGAR COMPANY LIMITED (AK 058799) Second Respondent CORAM: Spender J PLACE: Brisbane DATE: 7 July 1995 REASONS FOR JUDGMENT On 21 March 1995 the first and second respondents filed a Notice of Motion seeking among other things that certain nominated parts of the Amended Statement of Claim be struck out. An Amended Notice of Motion was filed on 8 June 1995, which narrowed some aspects of the relief sought.

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Document text

CATCHWORDS

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) No. QG 178 of 1994 GENERAL DIVISION ) BETWEEN : MACKAY SUGAR CO-OPERATIVE ASSOCIATION LIMITED (ARBN 057 463 671) First Applicant AND : ED & F MAN AUSTRALIA PTY LTD (ACN 054 982 071) Second Applicant AND : MACKAY REFINED SUGARS PTY LTD (ACN 054 641 824) Third Applicant AND : ED & F MAN NEW ZEALAND LIMITED (AK 552905) Fourth Applicant AND : MACKAY REFINED SUGARS (NZ) LIMITED (AK 552905) Fifth Applicant AND : CSR LIMITED (ACN 000 001 276) First Respondent AND : NEW ZEALAND SUGAR COMPANY LIMITED (AK 058799) Second Respondent CORAM: Spender J PLACE: Brisbane DATE: 7 July 1995 REASONS FOR JUDGMENT On 21 March 1995 the first and second respondents filed a Notice of Motion seeking among other things that certain nominated parts of the Amended Statement of Claim be struck out. An Amended Notice of Motion was filed on 8 June 1995, which narrowed some aspects of the relief sought.

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