Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dialog Pty Ltd ACN 010 089 175v Addease Pty Ltd ACN 007 212 768 [2002] FCA 838 PRACTICE AND PROCEDURE – failure by applicant to comply with interlocutory order – application by second respondent to obtain judgment against the applicant on the cross-claim – no grounds upon which to grant relief sought
Federal Court Rules O 35 r 7(2)(e), O 11 r 23(1)(b), O 10 r 7(1)(b)
Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 referred to Australian Securities Commission v Macleod (1994) 54 FCR 309 referred to DIALOG PTY LTD ACN 010 089 175 v ADDEASE PTY LTD ACN 007 212 768 AND GEORGE MICHAEL MIHAILIDES Q 235 OF 2001 DRUMMOND J BRISBANE 26 JUNE 2002
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 235 OF 2001
BETWEEN: DIALOG PTY LTD ACN 010 089 175
APPLICANT
AND: ADDEASE PTY LTD ACN 007 212 768
FIRST RESPONDENT
GEORGE MICHAEL MIHAILIDES
SECOND RESPONDENT
JUDGE: DRUMMOND J
DATE OF ORDER: 26 JUNE 2002
WHERE MADE: BRISBANE
THE COURT ORDERS BY CONSENT THAT:
1. Dialog Pty Ltd be granted an extension of time being seven days from the date of this order within which to file and serve a notice of motion to appeal (including leave to appeal) from the orders of Cooper J made 10 May 2002.
2. Paragraph 1 of Dialog Pty Ltd's amended notice of motion filed 26 June 2002 be dismissed.
THE COURT ORDERS THAT:
3. Paragraph 4 of Dialog Pty Ltd's amended notice of motion filed 26 June 2002 be dismissed.
4. Subject to Mr Key by 4.00 pm on 27 June 2002 and subject to Mr Tisdall by 4.00 pm on 28 June 2002 each delivering to Mr Mihailides a personal guarantee guaranteeing, jointly with the other and severally, the payment to him of $150,000 by Dialog Pty Ltd on 2 December 2002 and payment to him of a further $150,000 by Dialog Pty Ltd on 2 December 2003, unless the Court by its final judgment in this action otherwise orders, Dialog Pty Ltd be granted an extension to 24 September 2002 of the time within which to provide the security of $450,000 required by the orders of Cooper J made 10 May 2002.
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