Airberg Pty Ltd v Cut Price Deli Pty Ltd [2001] FCA 1895

FEDERAL COURT OF AUSTRALIA

Airberg Pty Ltd v Cut Price Deli Pty Ltd [2001] FCA 1895

AIRBERG PTY LIMITED (ACN 051 085 495) & ORS v CUT PRICE DELI PTY LIMITED (ACN 000 917 475) & ORS

NG 388 OF 1995 LINDGREN J 13 DECEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 388 OF 1995

BETWEEN: AIRBERG PTY LIMITED (ACN 051 085 495)

FIRST APPLICANT

MICHAEL DOUGLAS FAULKNER

SECOND APPLICANT

ANTONIETTA FAULKNER

THIRD APPLICANT

AND: CUT PRICE DELI PTY LIMITED (ACN 000 917 475) AND CUT PRICE DELI (AUSTRALIA) PTY LIMITED

(ACN 010 913 103)

FIRST RESPONDENTS

HARRY MALOVANY

SECOND RESPONDENT

ENZO SGAMBELLONE

THIRD RESPONDENT

FRANK RECHICHI

FOURTH RESPONDENT JUDGE: LINDGREN J

DATE OF ORDER: 13 DECEMBER 2001

WHERE MADE: SYDNEY

UPON NOTING the undertaking to the Court given by the second respondent and by his solicitors, Snelgrove & Partners, through his, and their employed solicitor, Mark Milivoje Secivanovic, that no attempt will be made to recover the balance of the second respondent's taxed costs from Michael Douglas Faulkner or Antonietta Faulkner,

THE COURT ORDERS THAT: 1. The amount of $5,000 held by the Court as security for costs be paid forthwith to the second respondent.

2. The first applicant pay the costs of the second respondent of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 388 OF 1995

BETWEEN: AIRBERG PTY LIMITED (ACN 051 085 495)

FIRST APPLICANT

MICHAEL DOUGLAS FAULKNER

SECOND APPLICANT