Hopkins, Ann v Seymour Softwoods Ltd & Ors [1997] FCA 1354

FEDERAL COURT OF AUSTRALIA PRACTICE & PROCEDURE - application for leave to file cross-claim - whether leave should be granted

ann hopkins v seymour softwoods limited, sintoff pty limited, berrema finance pty limited and equuscorp pty limited (formerly called equus financial services limited)

NG 3039 of 1996

FOSTER J 26 NOVEMBER 1997 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3039 of 1996

BETWEEN: ann hopkins

Applicant/cross respondent

AND: seymour softwoods limited

(Controller Appointed) (acn 007 055 889)

First Respondent/cross claimant

sintoff pty limited

(Receiver Appointed) (acn 006 621 487)

Second Respondent/cross claimant

berrema finance pty limited

(Receiver Appointed) (acn 005 982 605)

Third Respondent/cross claimant

equuscorp pty limited (formerly called equus financial services limited) (acn 006 012 344)

Fourth Respondent

JUDGE: FOSTER J

DATE OF ORDER: 26 NOVEMBER 1997

WHERE MADE: SYDNEY

THE COURT ORDERS and directs THAT: 1. The first, second and third respondents have leave to file a cross-claim in the form of the document entitled 'cross claim' and marked with the letter 'A' and placed with the papers except for paragraphs sixteen, seventeen and twenty-one of the cross-claim, in respect of which leave is refused. 2. There be no further evidence in respect of the issues raised by the cross-claim other than with leave of the Court, such leave to be sought by 17 December 1997. 3. By 17 December 1997 the applicant form a view as to whether the cross-claim raises significant difficulties as regards the preparation of its reply to cross-claim in relation to the matters identified in para 2(vi) of the schedule to the letter dated 24 November 1997 which is Exhibit A in this motion. The applicant has leave to apply to the Court to rescind the granting of leave to file the cross-claim, if such a view is formed. 4. The first, second and third respondents provide $10,000 security for costs incurred by the applicant in relation to the cross-claim within twenty-one days. 5. The applicant has leave to seek a direction precluding the first, second and third respondents from claiming that the cross-claim was commenced earlier than the filing of the notice of motion seeking leave to file the cross-claim. 6. The first, second and third respondents pay the applicant's costs of this motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.