Cambridge Consolidated NL v Zephyr Minerals NL [2001] FCA 515

FEDERAL COURT OF AUSTRALIA

Cambridge Consolidated NL v Zephyr Minerals NL [2001] FCA 515

JURISDICTION – transfer of cross-claim – concurrent proceeding in State court. PRACTICE AND PROCEDURE – motion for leave to discontinue application – whether application should be dismissed – amendment of defence to cross-claim to withdraw significant admission. Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 5(5) State of Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146 referred to CAMBRIDGE CONSOLIDATED NL v ZEPHYR MINERALS NL & ORS WAG 67 OF 1995 LEE J PERTH 3 MAY 2001 IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 67 OF 1995

BETWEEN: CAMBRIDGE CONSOLIDATED NL

APPLICANT

AND: ZEPHYR MINERALS NL

FIRST RESPONDENT

ANDREW JAMES DRUMMOND

SECOND RESPONDENT

AUSTRALIAN KIMBERLEY DIAMONDS NL

THIRD RESPONDENT

ZEPHYR MINERALS NL

FIRST CROSS-CLAIMANT

AUSTRALIAN KIMBERLEY DIAMONDS NL

SECOND CROSS-CLAIMANT

CAMBRIDGE CONSOLIDATED NL

FIRST CROSS-RESPONDENT

CAMBRIDGE GULF HOLDINGS NL

SECOND CROSS-RESPONDENT

BRIAN JAMES DENNIS CONWAY

THIRD CROSS-RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 3 MAY 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: Applicant's motion filed 1 March 2001: 1. The name of the applicant, and the first cross-respondent, be amended to "Cable and Telecoms Ltd ACN 059 458 374". 2. The application be dismissed with costs. 3. The cross-claim be transferred to the Supreme Court of Western Australia. 4. Costs of the motion be reserved. Cross-claimants' motion filed 2 April 2001: 1. The motion be dismissed. 2. Costs of the motion be cross-respondents' costs in any event. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA