King v GIO Australia Holdings Ltd [2000] FCA 1543

FEDERAL COURT OF AUSTRALIA

King v GIO Australia Holdings Ltd [2000] FCA 1543

SHANE ROBERT KING v GIO AUSTRALIA HOLDINGS LIMITED, GRANT SAMUEL & ASSOCIATES PTY LIMITED, DAVID MORTIMER, BRUCE HOGAN, STEWART STEFFEY, RONALD ASHTON, MARINA DARLING, ANDREW KALDOR, LLOYD LANGE, DAVID O'HALLORAN and IAN POLLARD

N955 of 1999

WILCOX, LEHANE and MERKEL JJ

SYDNEY

1 NOVEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N955 of 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SHANE ROBERT KING

Applicant

AND: GIO AUSTRALIA HOLDINGS LIMITED

First Respondent

GRANT SAMUEL & ASSOCIATES PTY LIMITED

Second Respondent

DAVID MORTIMER

Third Respondent

BRUCE HOGAN

Fourth Respondent

STEWART STEFFEY

Fifth Respondent

RONALD ASHTON

Sixth Respondent

MARINA DARLING

Seventh Respondent

ANDREW KALDOR

EIGHTH RESPONDENT

LLOYD LANGE

Ninth Respondent

DAVID O'HALLORAN

Tenth Respondent

IAN POLLARD

Eleventh Respondent

JUDGES: WILCOX, LEHANE and MERKEL JJ

DATE OF ORDER: 1 NOVEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicant in the principal proceeding, Shane Robert King, have leave to file and serve on each of the respondents within seven days a Fourth Further Amended Application and a Third Further Amended Statement of Claim in the form of the documents submitted to the Court under cover of the applicant's solicitors' letter of 1 September, 2000.

2. Paragraph 2 of the Order of Moore J made on 12 May 2000 be set aside and in lieu thereof it be ordered that the costs of all parties of the notices of motion filed on 5 April 2000 be their costs in the cause.