Endormer Pty Ltd (in liq) v Australian Guarantee Corporation Ltd [2001] FCA 15

FEDERAL COURT OF AUSTRALIA

Endormer Pty Ltd (in liq) v Australian Guarantee Corporation Ltd [2001] FCA 15

ENDORMER PTY LIMITED (IN LIQUIDATION) (RECEIVER & MANAGER APPOINTED) & ORS v AUSTRALIAN GUARANTEE CORPORATION LIMITED & ANOR

NG 3244 OF 1995 LINDGREN J 11 JANUARY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3244 OF 1995

BETWEEN: ENDORMER PTY LIMITED (IN LIQUIDATION) (RECEIVER & MANAGER APPOINTED)

FIRST APPLICANT

KWIKDAY PTY LIMITED

SECOND APPLICANT

GLENN ROBERT JARRETT

THIRD APPLICANT

DAVID COLIN PATERSON FOURTH APPLICANT

JARRETT HOLDINGS PTY LIMITED FIFTH APPLICANT

ALINBOW PTY LIMITED SIXTH APPLICANT

AND: AUSTRALIAN GUARANTEE CORPORATION LIMITED

FIRST RESPONDENT

PETER JAMES HEDGE

SECOND RESPONDENT

AND: AUSTRALIAN GUARANTEE CORPORATION LIMITED CROSS CLAIMANT

AND: KWIKDAY PTY LIMITED

FIRST CROSS RESPONDENT

GLENN ROBERT JARRETT SECOND CROSS RESPONDENT

DAVID COLIN PATERSON THIRD CROSS RESPONDENT

JONNIE MACLEAN STIRLING PATERSON FOURTH CROSS RESPONDENT

DEBORAH ALLISON JARRETT FIFTH CROSS RESPONDENT

TRACEY CORALIE PATERSON SIXTH CROSS RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 11 JANUARY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Execution of the writ of possession issued on 6 December 2000 be stayed until midnight on 18 January 2001. 2. The fourth cross-respondent pay the cross-claimant's costs of the motion brought by notice of motion filed by the fourth cross-respondent on 8 January 2001.