Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 861 of 1995
BETWEEN: KIMBERLY-CLARK AUSTRALIA PTY LIMITED
Applicant
AND: ARICO TRADING INTERNATIONAL PTY LIMITED
AND BETWEEN: FIRST Respondent
AND: ARIE KLIGER
second respondent
francisco martin otero tRADING as koala nappy express
third respondent
arico trading international pty limited
cross-claimant
kimberly-clark australia pty limited
cross-respondent
JUDGE: DOWSETT J
DATE OF ORDER: 2 NOVEMBER 1998
WHERE MADE: SYDNEY
Upon the undertaking to the court of the First and Second Respondents: (a) to trade in respect of the BABY SITTER Diapers (as referred to in the orders of Burchett J dated 16 and 25 September 1998) only in the normal course; and (b) not to dispose of their assets other than in the ordinary course of business.
THE COURT ORDERS THAT: 1. Order 1 made by Burchett J on 16 September 1998 (as varied on 25 September and 23 October 1998) is further stayed until the determination of the appeal from the judgment of Burchett J given on 8 September 1998 in proceedings no NG 1051 of 1998 in the Federal Court of Australia. 2. Paragraph 1 of the respondents' notice of motion dated 14 October 1998 is stood over in so far as it relates to order 7 and 8 made by Burchett J on 16 September 1998. 3. The time for the first and second respondents to comply with orders 3 and 4 made by Burchett J on 16 September 1998 is extended to 7 December 1998. 4. The time for the third respondent to comply with orders 2 and 3 made by Burchett J on 25 September 1998 is extended to 7 December 1998. 5. The respondents' costs of the notice of motion dated 14 October 1989 are to be costs in the appeal. 6. Liberty to apply is granted on 2 days notice. 7. The applicant is granted liberty to apply for a security or cash deposit in respect of the continued sale or exploitation of BABY SITTER diapers from the date of these orders until the determination of the appeal from the judgment of Burchett J given on 8 September 1998 in proceedings no NG 1051 of 1998 in the Federal Court of Australia. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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