Century Insurance Ltd (in provisional liq) & Ors v The New Zealand Guardian Trust Ltd & Ors The New Zealand Guardian Trust Ltd & Anor v Gunson, David [1998] FCA 623

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE - cross-claim - settlement of principal proceedings - amendment of cross-claim to reflect settlement - global settlement involving a related claim - whether new cross-claim requiring specific leave under Order 8 - jurisdiction - limitations - pleadings points - previously addressed - utility of interlocutory applications. CENTURY INSURANCE LIMITED (IN PROVISIONAL LIQUIDATION), EDWARD JOHN BEBBINGTON AND DELORES EDNA BEBBINGTON v THE NEW ZEALAND GUARDIAN TRUST LIMITED, NZI INTERNATIONAL TRUSTEE COMPANY LIMITED and DONALD ANDREW DAVIES THE NEW ZEALAND GUARDIAN TRUST LIMITED, NZI INTERNATIONAL TRUSTEE COMPANY LIMITED v DAVID GUNSON WAG No. 81 of 1995 FRENCH J PERTH 3 JUNE 1998

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 81 of 1995

BETWEEN: CENTURY INSURANCE LIMITED (IN PROVISIONAL LIQUIDATION)

First Applicant

EDWARD JOHN BEBBINGTON and DELORES EDNA BEBBINGTON

Second Applicants

AND: THE NEW ZEALAND GUARDIAN TRUST LIMITED

First Respondent

NZI INTERNATIONAL TRUSTEE COMPANY LIMITED

Second Respondent

DONALD ANDREW DAVIES

Third Respondent

THE NEW ZEALAND GUARDIAN TRUST LIMITED

FIRST CROSS-CLAIMANT

NZI INTERNATIONAL TRUSTEE COMPANY LIMITED

SECOND CROSS CLAIMANT

DAVID GUNSON

CROSS RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 3 JUNE 1998

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The Cross Respondent's motion filed 7 May 1998 is dismissed. 2. The Cross Respondent to pay the Cross-Claimants' costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.