Biman International Pty Ltd v Amalgamated Security Services Pty Ltd [2002] FCA 919

FEDERAL COURT OF AUSTRALIA

Biman International Pty Ltd v Amalgamated Security Services Pty Ltd [2002] FCA 919 BIMAN INTERNATIONAL PTY LTD v AMALGAMATED SECURITY SERVICES PTY LTD & ORS N 927 of 2002 ALLSOP J 20 DECEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 927 of 2002

BETWEEN: BIMAN INTERNATIONAL PTY LIMITED

(ACN 087 748 007)

APPLICANT

AND: aMALGAMATED SECURITY SERVICES PTY LIMITED

(ACN 084 183 362)

FIRST RESPONDENT

DARRYL JOHN EVANS

SECOND RESPONDENT

RYNAS PTY LIMITED

(ACN 010 140 520)

THIRD RESPONDENT

AUSTRALIAN TENDER SERVICES PTY LIMITED

FOURTH RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 20 DECEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The notice of motion filed by the first, second and third respondents on 26 November 2002 in relation to mediation be dismissed. 2. Costs of the motion, to the extent it deals with the orders about mediation, of the applicant to the proceedings/respondent to the motion be costs in the cause. 3. On the condition that security for costs is perfected to the satisfaction of the District Registrar on or before 4 pm Monday 23 December 2002, the stay of these proceedings as against the fourth respondent be dissolved as and from 4.30 pm on Monday 23 December 2002. 4. The fourth respondent have liberty to relist this matter in January 2003 to argue why the above order 3 should be vacated. 5. There be general liberty to apply on five days' notice during January 2003. 6. The fourth respondent file and serve its defence on or before 4 pm on 3 February 2003. 7. The solicitors for the applicant to the proceedings are to notify the fourth respondent of today's orders and that liberty to relist the matter is granted. 8. Leave be granted to the applicant to the proceedings to file in Court the affidavit of Timothy Lynch sworn 20 December 2002. 9. Leave be granted to the parties to file and serve a notice of notion returnable for directions on 11 February 2003. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.