Winpar Holdings Ltd v National Consolidated Ltd [2001] FCA 1662

FEDERAL COURT OF AUSTRALIA

Winpar Holdings Ltd v National Consolidated Ltd [2001] FCA 1662 Winpar Holdings Limited and Anor v National Consolidated Limited N3010 of 2001 ALLSOP J 9 NOVEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3010 of 2001

BETWEEN: WINPAR HOLDINGS LIMITED (ACN 003 035 523)

FIRST PLAINTIFF

MILLY ELKINGTON

SECOND PLAINTIFF

AND: NATIONAL CONSOLIDATED LIMITED (ACN 004 222 404)

DEFENDANT

JUDGE: ALLSOP J

DATE OF ORDER: 9 NOVEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

(1) the defendant is to file and serve in Sydney a particularised defence by 4.00pm Wednesday 14 November 2001; (2) the plaintiff is to file and serve any reply to that defence on or before 4.00pm Friday 16 November 2001; (3) on or before 4.00pm on Tuesday 20 November 2001 the parties are to file and serve submissions as follows: (a) identifying in sufficient detail to enable the balance of these orders otherwise to be complied with, the nature of the evidence which it or she seeks to lead in support of its or her own case in these proceedings and in defence of any issue propounded by the other side in these proceedings; (b) identifying the extent, if at all, that that evidence will be led before Warren J, in what has been referred to in the present proceedings as the Victorian proceedings and for what purpose that evidence will be led; (c) identifying common factual or legal issues in the Victorian proceedings and these proceedings; and (d) setting out any further submissions it or she wishes to place before the Court in relation to the question of transfer or not of the proceedings to Victoria. (4) on or before 12:00 noon on Thursday 22 November, the parties are to file and serve in Sydney any submissions strictly in reply to those filed by the other side pursuant to order 3 above. (5) the proceedings be stood over for directions generally and the motion for transfer be stood over to 4.30pm on Thursday, 22 November by video link between Sydney and Melbourne or at such other time or in such other manner as the parties are notified by the associate, for any further submissions which in the light of the submissions identified in 3 and 4 above the parties wish to make. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.