Brasington v Overton Investments Pty Ltd [2001] FCA 571

FEDERAL COURT OF AUSTRALIA

Brasington v Overton Investments Pty Ltd [2001] FCA 571

RITA BRASINGTON v OVERTON INVESTMENTS PTY LTD N 878 OF 1999 EMMETT J 30 APRIL 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 878 OF 1999

BETWEEN: RITA BRASINGTON

APPLICANT

AND: OVERTON INVESTMENTS PTY LTD

FIRST RESPONDENT

JOHN EDWARD JAMES

SECOND RESPONDENT

RICHARD FRANK SHIPMAN

THIRD RESPONDENT

CHERYL ANN PATRICK

FOURTH RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 30 APRIL 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Richard John Shipman and Cheryl Ann Patrick be granted leave to file an amended notice of motion seeking:

· leave to file a cross claim, and

· relief against:

- Overton Investments Pty Limited, and

- Cuzeno RVM Pty Limited,

in relation to the fund held by the solicitors for Cuzeno RVM Pty Limited in respect of the consideration for the proposed grant of a new lease. 2. The amended notice of motion be made returnable before Emmett J for hearing on 12 June 2001 at 10.15am.

3. Richard John Shipman and Cheryl Ann Patrick pay the costs of the motion returnable today incurred by:

· Overton Investments Pty Limited, and

· Cuzeno RVM Pty Limited.

4. Overton Investments Pty Limited and Cuzeno RVM Pty Limited be granted leave to have a bill of costs taxed forthwith pursuant to Order 63 Rule 3(2) of the Federal Court Rules, notwithstanding that the principal proceeding in which that order is now made is not yet concluded. 5. The time for Overton Investments Pty Limited to file its evidence in the matters listed for hearing on 12 June 2001 be extended, up to and including 1 June 2001. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.