Brasington v Overton Investments Pty Ltd [2000] FCA 1573

FEDERAL COURT OF AUSTRALIA

Brasington v Overton Investments Pty Ltd [2000] FCA 1573

RITA BRASINGTON v OVERTON INVESTMENTS PTY LIMITED & JOHN EDWARD JAMES N 878 OF 1999 NEVILLE CARNEGIE v OVERTON INVESTMENTS PTY LIMITED N 857 OF 1999 EMMETT J 25 OCTOBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 878 OF 1999

BETWEEN: RITA BRASINGTON

APPLICANT

AND: OVERTON INVESTMENTS PTY LIMITED

FIRST RESPONDENT JOHN EDWARD JAMES SECOND RESPONDENT JUDGE: EMMETT J

DATE OF ORDER: 25 OCTOBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The hearing fixed for 4 December 2000 be vacated.

2. The respondent be granted leave to file a cross-claim substantially in the form of annexure A to the notice of motion filed in court on 25 October 2000.

3. The respondent file and serve the cross-claim no later than 27 October 2000.

4. The cross-defendants, assuming they appear, file and serve defences by 3 November 2000.

5. The parties consult with each other through their legal advisers with a view to filing a joint statement of issues no later than 15 November 2000.

6. If the parties cannot agree on a joint statement of issues, each party file a separate statement of issues no later than 15 November 2000.

7. The matter be stood over for directions on 17 November 2000 at 10.15 am.

8. Costs of the notice of motion filed in Court on 25 October 2000 be the parties' costs of the cross-claim.

9. Costs of the notice of motion filed 6 October 2000 be the 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 N 857 OF 1999

BETWEEN: NEVILLE CARNEGIE