Equuscorp Pty Ltd v Kamisha Corp [1999] FCA 1211

FEDERAL COURT OF AUSTRALIA

Equuscorp Pty Ltd v Kamisha Corp [1999] FCA 1211

EQUUSCORP PTY LIMITED (formerly EQUUS FINANCIAL SERVICES LIMITED) (ACN 006 012 244) -v- KAMISHA CORPORATION LIMITED (ACN 009 267 850), JOHN BARDIN DAVIS and PERPETUAL TRUSTEES W.A. LIMITED (ACN 008 666 886)

VG 610 of 1996

RYAN, CARR and MARSHALL JJ

MELBOURNE

2 SEPTEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 610 of 1996

APPLICATION FOR LEAVE TO APPEAL FROM AN ORDER OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: EQUUSCORP PTY LIMITED (formerly EQUUS FINANCIAL SERVICES LIMITED) (ACN 006 012 244)

Applicant

AND: KAMISHA CORPORATION LIMITED (ACN 009 267 850)

AND BETWEEN: First Respondent

JOHN BARDIN DAVIS

Second Respondent

PERPETUAL TRUSTEES W.A. LIMITED (ACN 008 666 886)

Third Respondent

PERPETUAL TRUSTEES W.A. LIMITED (ACN 008 666 886)

Cross-claimant

and

EQUUSCORP PTY LIMITED (formerly EQUUS FINANCIAL SERVICES LIMITED) (ACN 006 012 344)

Cross-respondent

JUDGES: RYAN, CARR and MARSHALL JJ

DATE OF ORDER: 2 SEPTEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The motion on notice filed on 10 August 1999 for leave to appeal from the order of Heerey J made on 30 July 1999 be refused. 2. That the costs of all parties of and incidental to the said motion on notice be reserved to the docket Judge to be made the subject of such orders on the determination of the substantive application herein or otherwise as he thinks fit. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 610 of 1996