Pegasus Gold Inc v Bateman Project Engineering Pty Ltd [1999] FCA 722

FEDERAL COURT OF AUSTRALIA

Pegasus Gold Inc v Bateman Project

Engineering Pty Ltd [1999] FCA 722 PEGASUS GOLD INC & ANOR v BATEMAN PROJECT ENGINEERING PTY LTD & ORS NG 471 OF 1998

PEGASUS GOLD AUSTRALIA PTY LTD v BATEMAN PROJECT

ENGINEERING PTY LTD & ORS NG 1403 OF 1998 EMMETT J 25 MAY 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG 471 of 1998

BETWEEN: PEGASUS GOLD INC

First Applicant

PEGASUS GOLD CORPORATION

Second Applicant

AND: BATEMAN PROJECT ENGINEERING PTY LIMITED

(ACN 056 741 596)

First Respondent

KINHILL PACIFIC PTY LIMITED

(ACN 010 241 620)

Second Respondent

KILBORN ENGINEERING PACIFIC PTY LIMITED

(ACN 000 864 353)

Third Respondent

NG 1403 OF 1998

BETWEEN: PEGASUS GOLD AUSTRALIA PTY LIMITED (UNDER DEED OF COMPANY ARRANGEMENT)

Applicant

AND: BATEMAN PROJECT ENGINEERING PTY LIMITED

(ACN 056 741 596)

First Respondent

KINHILL PACIFIC PTY LIMITED

(ACN 010 241 620)

Second Respondent

KILBORN ENGINEERING PACIFIC PTY LIMITED

(ACN 000 864 353)

Third Respondent

JUDGE: EMMETT J

DATE OF ORDER: 25 MAY 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The First to Third Respondents be granted leave to file a cross-claim against Svedala Australia Ltd in the form annexed and marked "A" to the notice of motion filed by the respondents on 19 May 1999, such cross-claim to be made returnable before Beaumont J at 9.30am on 9 June 1999. 2. Costs of the motion be parties' costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG 471 of 1998