Opal Collection Pty Ltd v LMC Pacific Pty Ltd [2002] FCA 516

FEDERAL COURT OF AUSTRALIA

Opal Collection Pty Ltd v LMC Pacific Pty Ltd [2002] FCA 516 OPAL COLLECTION PTY LTD AND SURFERS PARADISE OPAL COLLECTION PTY LTD v LMC PACIFIC PTY LTD Q155 of 2001 KIEFEL J 24 APRIL 2002 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q155 OF 2001

BETWEEN: OPAL COLLECTION PTY LTD

FIRST APPLICANT

SURFERS PARADISE OPAL COLLECTION PTY LTD

SECOND APPLICANT

AND: LMC PACIFIC PTY LTD

RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 24 APRIL 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: (1) leave to amend the statement of claim in terms of exhibits JG3 and JG2 to the affidavit of J.M. Geddes filed on 4 April 2002 is refused; (2) any further application for leave to amend the statement of claim and the application be made by the applicant within 30 days from the date hereof; (3) the order of 7 February 2002, that the parties provide a list of documents, is vacated; (4) the applicants pay the respondent's costs of and incidental to the hearing on 19 April 2002; (5) the question of what further costs, if any, ought to be paid by the applicants and when those costs, and the costs referred to in the preceding order, ought to be paid is reserved; (6) the respondent is to provide written submissions to the Judge's Associate on the further question of costs within seven days from the date hereof; and the applicants are to provide written submissions in response within seven days from receipt of the respondent's submissions.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q155 OF 2001

BETWEEN: OPAL COLLECTION PTY LTD

FIRST APPLICANT