Hunter Valley Community Investments Pty Limited v Bell [2001] FCA 1148

FEDERAL COURT OF AUSTRALIA

Hunter Valley Community Investments Pty Limited v Bell [2001]

FCA 1148

HUNTER VALLEY COMMUNITY INVESTMENTS PTY LIMITED v JOHN WILLIAM BELL N 437 of 2000 SACKVILLE J SYDNEY 16 AUGUST 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 437 OF 2000

BETWEEN: HUNTER VALLEY COMMUNITY INVESTMENTS PTY LIMITED

FIRST APPLICANT

KENNETH JAMES ALLEN

SECOND APPLICANT

DANNY MARTIN

THIRD APPLICANT

JAY PEGLER

FOURTH APPLICANT

AND: JOHN WILLIAM BELL

FIRST RESPONDENT

LAWLER DAVIDSON PTY LIMITED

SECOND RESPONDENT

STEPHEN WILLIAM DAVIDSON, TERENCE HENRY LAWLER, RAYMOND GEORGE TOLCHER, PETER JAMES McLEAN, PETER COUGHLAN, SIMON ANDREW RUTHERFORD, PHILLIP ANDREW BERICK, T/AS LAWLER DAVIDSON PARTNERS

THIRD RESPONDENT

RAYMOND WALKER and MARK SEXTON T/AS WALKER & CO.

FOURTH RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 16 AUGUST 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The first applicant be removed from the proceedings. 2. The amended application and amended statement of claim, insofar as they seek relief or plead a claim against the second and third respondents, be struck out. 3. The second, third and fourth applicants have leave to discontinue the proceedings. 4. The second, third and fourth applicants be directed to file a notice of discontinuance by 4 pm on 17 August 2001. 5. The Court notes, pursuant to s 33ZB of the Federal Court of Australia Act 1976 (Cth), that the group members affected by orders 3, 4 and 5 are: (a) the Limited Partners of the Hunter Valley Community Investments Limited Partnership ("the Limited Partnership") who invested in the Limited Partnership and whose income tax returns were neither completed nor lodged by the second, third or fourth respondents for each or any of the years 1992 to 1995 inclusive and being approximately 34 in number and being represented in these proceedings by the second applicant. (b) the Limited Partners who invested in the Limited Partnership and whose income tax returns were completed and lodged by the second and/or third respondents for each or any of the years 1992 to 1995 inclusive and being approximately 38 in number and being represented in these proceedings by the third applicant. (c) The Limited Partners who invested in the Limited Partnership and whose income tax returns were completed and lodged by the fourth respondent for each or any of the years 1992 to 1995 inclusive and being approximately 22 in number and being represented in these proceedings by the fourth applicant. 6. The second, third and fourth applicants pay the respondents' costs of the proceedings. 7. Liberty to the respondents to apply if order 4 is not complied with. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.