Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cambridge Consolidated NL v Zephyr Minerals NL [1999] FCA 224
PRACTICE AND PROCEDURE – whether application by notice of motion to amend defence is a separate "proceeding" - jurisdiction - powers of Judicial Registrar
Federal Court of Australia Act 1976 (Cth), s 18AB
Federal Court Rules Order 79
Harris v Caladine (1991) 172 CLR 84
Fiorentino v Irons [Federal Court of Australia, NG 3294 of 1997, 12 Nov, unreported]
Pasdale Pty Ltd v Concrete Constructions (1995) 59 FCR 446
CAMBRIDGE CONSOLIDATED NL v
ZEPHYR MINERALS NL and ANDREW JAMES DRUMMOND and
AUSTRALIAN KIMBERLEY DIAMONDS NL and ZEPHYR MINERALS NL
and AUSTRALIAN KIMBERLEY DIAMONDS NL and CAMBRIDGE CONSOLIDATED NL and CAMBRIDGE GULF HOLDINGS NL and BRIAN JAMES DENNIS CONWAY
WAG 67 of 1995
BOON JR PERTH 11 FEBRUARY 1999
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAG 67 OF 1999
BETWEEN: CAMBRIDGE CONSOLIDATED NL
Applicant
AND: ZEPHYR MINERALS NL
First Respondent
ANDREW JAMES DRUMMOND
Second Respondent
AUSTRALIAN KIMBERLEY DIAMONDS NL
Third Respondent
ZEPHYR MINERALS NL
First Cross-Claimant
AUSTRALIAN KIMBERLEY DIAMONDS NL
Second Cross-Claimant
CAMBRIDGE CONSOLIDATED NL
First Cross-Respondent
CAMBRIDGE GULF HOLDINGS NL
Second Cross-Respondent
BRIAN JAMES DENNIS CONWAY
Third Cross-Respondent
JUDGE: JUDICIAL REGISTRAR BOON
DATE OF ORDER: 11 FEBRUARY 1999
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application by way of Notice of Motion dated 30 October 1998 for an order granting leave to the First Cross Respondent to file a Defence to the Re Amended Cross Claim dated 30 October 1998 falls within the jurisdiction of the Court as presently constituted. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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