Darcy v Medtel Pty Limited [2002] FCA 925

FEDERAL COURT OF AUSTRALIA

Darcy v Medtel Pty Limited [2002] FCA 925 PATRICK NOEL DARCY in a representative capacity on behalf of the persons referred to in par 1 of the Amended Statement of Claim v MEDTEL PTY LIMITED & ANOR N 932 of 2001 SACKVILLE J SYDNEY 26 JULY 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 932 of 2001

BETWEEN: PATRICK NOEL DARCY in a representative capacity on behalf of the persons referred to in paragraph 1 of the Amended Statement of Claim

APPLICANT

AND: MEDTEL PTY LIMITED

FIRST RESPONDENT

PACESETTER INC a Delaware corporation with its principal place of business 15900 Valley View Court, Sylmar, California

SECOND RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 26 JULY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Pursuant to s 33J(3) of the Federal Court of Australia Act 1976 (Cth) ("Federal Court Act") the Court extends the date by which those group members who have not opted out of the proceedings may opt out of the proceedings to 18 September 2002. 2. Pursuant to s 33ZF(1) of the Federal Court Act, the Court directs that those group members who have opted out of the proceedings may withdraw their opt out notice by sending a letter in the terms or to the effect of the "Letter to the Court" in the schedule to this judgment so that it reaches the Court on or before 18 September 2002. 3. The form and content of the notice in the schedule to this judgment be approved for the purposes of s 33Y(2) of the Federal Court Act. 4. The parties, on or before 7 August 2002, send by registered post the notice referred to in Order 3, together with a covering letter in the form specified in the schedule to this judgment, to each group member or in the case of a deceased group member, to the executor or administrator of the estate of the deceased group member. 5. The applicant pay the costs of sending the notices in accordance with the orders and the costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.