Howard, John Campbell & Anor v P D Mortgage Services Pty Ltd & Ors [1998] FCA 1280

FEDERAL COURT OF AUSTRALIA PRACTICE - self-executing order - non-compliance with directions to provide particulars - time expired - application for extension of time - applicant proposes to deliver confused amended statement of claim that makes unnecessary provision of some of the particulars never delivered - power to extend time not exercised - Federal Court Rules O 3 r 3 Bankruptcy Act 1966 (Cth), s 60(3) Trade Practices Act 1974 (Cth), ss 51AA, 51AB, 52 Federal Court Rules, O 3 r 3 FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) CLR 268, referred to

JOHN CAMPBELL HOWARD & ANOR v P D MORTGAGE SERVICES PTY LTD & ORS QG 164 of 1996 DRUMMOND J BRISBANE 12 OCTOBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 164 of 1996

BETWEEN: JOHN CAMPBELL HOWARD

First Applicant

ELIZABETH MINA BENZ

Second Applicant

AND: P D MORTGAGE SERVICES PTY LTD (ACN 065 740 847)

First Respondent

ROSS CHARLES McLEOD

Second Respondent

PURVIS DUNCAN (a firm)

Third Respondent

JOHN REGINALD CUFFE

Fourth Respondent

LEWIS WAYNE OSBORNE

Fifth Respondent

Thomas John O'TOOLE

Sixth Respondent

WILLIAM HANRON REDMOND

Seventh Respondent

JUDGE: DRUMMOND J

DATE OF ORDER: 12/10/98

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The notice of motion filed 23 June 1998 and the amended notice of motion filed 14 July 1998 be dismissed with costs, including any reserved costs on the notices of 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 QG 164 of 1996

BETWEEN: JOHN CAMPBELL HOWARD

First Applicant