M & S Butler Investments Pty Ltd & Ors v Granny May's Franchising Pty Ltd & Ors Stewart, Jack & Anor v Granny May's Franchising Pty Ltd & Ors [1998] FCA 568

IN THE FEDERAL COURT OF AUSTRALIA LIMITED DISTRIBUTION

NEW SOUTH WALES DISTRICT REGISTRY

QG 136 of 1996 BETWEEN: m & s butler investments pty ltd

(acn 066 688 211)

First Applicant

mark butler & shauna butler

Second Applicant

jack stewart & jann stewart

Third Applicant

AND: granny may's franchising pty ltd

(acn 003 917 879)

First Respondent

michael tenner

Second Respondent

robert michael smith

Third Respondent

QG 22 of 1997 BETWEEN: jack stewart & jann stewart

Applicant

AND: granny may's franchising pty ltd

(acn 003 917 879)

First Respondent

m & s butler investments pty ltd

(acn 066 688 211)

Second Respondent

mark butler

Third Respondent

JUDGE: HILL J

DATE OF ORDER: 11 MAY 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application and Further Amended Statement of Claim in proceedings QG 136 of 1996 be struck out only insofar as it relates to M & S Butler Investments Pty Ltd as a party. 2. Order 1 be stayed until 27 May 1998 to allow the Liquidator to make application to have that order set aside. 3. The second applicant in proceedings QG 136 of 1996 file and serve a Further Amended Application and Statement of Claim deleting all references to M & S Butler Investments Pty Ltd as a party on or before 22 May 1998. 4. Both proceedings QG 136 of 1996 and QG 22 of 1997 be remitted to the District Court of New South Wales with the recommendation that the two proceedings be consolidated with proceedings issued by Granny May's Franchising on 28 June 1996 by way of defence and cross claim as the case may be. 5. Order 4 be stayed until 27 May 1998 to allow the Liquidator to make application to have that order set aside. 6. The costs of today in proceedings QG 22 of 1997 be costs in the proceedings. 7. The costs of the Notice of Motion in proceedings QG 136 of 1996 filed on 5 May 1998 and supporting affidavit (but not the costs of the hearing of the motion) be costs of the first respondent in those proceedings. The balance of the costs to be costs in the proceedings.