FEDERAL COURT OF AUSTRALIA Cambridge Gulf Investments Pty Ltd v Dandoe Pty Ltd [1999] FCA 579 PROCEDURE- leave to amend statement of claim. Federal Court Rules, Order 13 Rule 3(1) CAMBRIDGE GULF INVESTMENTS PTY LTD (IN LIQUIDATION), CHRISTOPHER MICHAEL WILLIAMSON (AS LIQUIDATOR OF CAMBRIDGE GULF INVESTMENTS PTY LTD), DANDOE PTY LTD, MULRONEY MINING PTY LTD, ROUGHAN PTY LTD, G E ROUGHAN, AUSTRALIA WIDE INDUSTRIES LTD, WG COTTERELL NOMINEES PTY LTD, BIRTWHISTLE HOLDINGS PTY LTD, GENESIS HOLDINGS PTY LTD, IGOR PROSIN, GREY EDWARD ROUGHAN, MICHELE LOMBARDO, PETER CLIVE MULRONEY, DAVID PATRICK JOHN MULRONEY, ALAN KEVIN LOCKETT WAG 3039 OF 1999 R D NICHOLSON J 28 APRIL 1999 PERTH IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY WAG 3039 OF 1999 BETWEEN: CAMBRIDGE GULF INVESTMENTS PTY LTD (IN LIQUIDATION) (ACN 009 274 122) First Applicant CHRISTOPHER MICHAEL WILLIAMSON (AS LIQUIDATOR OF CAMBRIDGE GULF INVESTMENTS PTY LTD ACN 009 274 122) Second Applicant AND: DANDOE PTY LTD (ACN 054 956 759) First Respondent MULRONEY MINING PTY LTD (ACN 057 123 896) Second Respondent ROUGHAN PTY LTD (ACN 008 982 483) Third Respondent G E ROUGHAN Fourth Respondent AUSTRALIA WIDE INDUSTRIES LTD (ACN 000 248 304) Fifth Respondent WG COTTERELL NOMINEES PTY LTD (ACN 008 800 664) Sixth Respondent BIRTWHISTLE HOLDINGS PTY LTD (ACN 009 331 239) Seventh Respondent GENESIS HOLDINGS PTY LTD (ACN 009 258 968) Eighth Respondent AND: IGOR PROSIN, GREY EDWARD ROUGHAN, MICHELE LOMBARDO, PETER CLIVE MULRONEY, DAVID PATRICK JOHN MULRONEY, ALAN KEVIN LOCKETT Ninth Respondent JUDGE: R D NICHOLSON J DATE OF ORDER: 28 APRIL 1999 WHERE MADE: PERTH THE COURT ORDERS THAT: The applicants have leave to file an amended statement of claim in the form proposed in the minute of re-amended statement of claim filed 18 March 1999. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY WAG 3039 OF 1999 BETWEEN: CAMBRIDGE GULF INVESTMENTS PTY LTD (IN LIQUIDATION) (ACN 009 274 122) First Applicant CHRISTOPHER MICHAEL WILLIAMSON (AS LIQUIDATOR OF CAMBRIDGE GULF INVESTMENTS PTY LTD ACN 009 274 122) Second Applicant AND: DANDOE PTY LTD (ACN 054 956 759) First Respondent MULRONEY MINING PTY LTD (ACN 057 123 896) Second Respondent ROUGHAN PTY LTD (ACN 008 982 483) Third Respondent G E ROUGHAN Fourth Respondent AUSTRALIA WIDE INDUSTRIES LTD (ACN 000 248 304) Fifth Respondent WG COTTERELL NOMINEES PTY LTD (ACN 008 800 664) Sixth Respondent BIRTWHISTLE HOLDINGS PTY LTD (ACN 009 331 239) Seventh Respondent GENESIS HOLDINGS PTY LTD (ACN 009 258 968) Eighth Respondent IGOR PROSIN, GREY EDWARD ROUGHAN, MICHELE LOMBARDO, PETER CLIVE MULRONEY, DAVID PATRICK JOHN MULRONEY, ALAN KEVIN LOCKETT Ninth Respondent JUDGE: R D NICHOLSON J DATE: 28 April 1999 PLACE: PERTH REASONS FOR JUDGMENT 1 R D NICHOLSON J The applicants seek leave pursuant to O 13 r 3(1) of the Federal Court Rules to amend their statement of claim. It was agreed between the parties that the motion seeking leave would be dealt with by way of written submissions. I have received and considered submissions filed on behalf of the applicants; the first and fifth respondents; and the second, third, third, fourth, sixth and second, third and fifth named ninth respondents; as well as submissions in reply filed on behalf of the applicants. 2 I accept the submissions made on behalf of the applicants and accordingly grant leave to file the statement of claim in the form proposed in the minute of re-amended statement of claim filed 18 March 1999. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice R D Nicholson. Associate: Dated: 5 May 1999 Counsel for the Applicant: Mr D Stone Solicitor for the Applicant: Williams & Hughes Counsel for the First and Fifth Respondents: Mr M N Solomon Solicitor for the First and Fifth Respondents: Gadens Lawyers Counsel for the Second, Third, Fourth, Sixth and second, third and fifth named Ninth Respondents: Mr N Gentilli Solicitor for the Second, Third, Fourth, Sixth and second, third and fifth named Ninth Respondents: Jackson McDonald Date of Judgment: 28 April 1999