Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd [2002] FCA 1002

FEDERAL COURT OF AUSTRALIA

Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd [2002] FCA 1002 CHECKED-OUT PTY LTD v EAGLE EYE INSPECTIONS PTY LTD

N169 OF 1999 EMMETT J 2 AUGUST 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 169 OF 1999

BETWEEN: CHECKED-OUT PTY LTD (ACN 071 965 798)

FIRST APPLICANT

PHILIP JULIAN HARDCASTLE

SECOND APPLICANT

AND: EAGLE EYE INSPECTIONS PTY LTD (ACN 084 722 234)

FIRST RESPONDENT

JOSEPH WILLIAMS

SECOND RESPONDENT

WAYNE THOMAS COOK

THIRD RESPONDENT

TIMOTHY BOLLINS

FOURTH RESPONDENT

DEBORAH JEAN WILLIAMS

FIFTH RESPONDENT

PETER ADAMS trading as PETER ADAMS, SOLICITORS & ATTORNEYS

SIXTH RESPONDENT

KATARINA MUC trading as G.H. HEALEY & CO. BLACKTOWN and BRUCE McCANN trading as B.E. McCANN & CO., SOLICITORS

SEVENTH RESPONDENT

MARK KELADA trading as MARK KELADA SOLICITORS

EIGHTH RESPONDENT

MICHAEL QUINN trading as QUINNS SOLICITORS

NINTH RESPONDENT

JOHN MICHAEL NOYCE and GREGORY LAURENCE MARTIN trading as NOYCE LAWYERS

TENTH RESPONDENT

HENRY GRECH trading as GRECH PARTNERS SOLICITORS

ELEVENTH RESPONDENT

GREGORY PETER GUY trading as GUY & ASSOCIATES SOLICITORS

TWELTH RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 2 AUGUST 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. leave is granted to the applicant to carry on the proceeding without a solicitor for the purposes of resisting the notices of motion of the twelfth respondent, dated 12 November 2001; the sixth to eleventh respondents dated 4 December 2001; and the first to fifth respondents dated 4 December 2001 ("the dismissal motions"); 2. leave is granted for the applicant to be represented on the hearing of the dismissal motions by Mr Philip Hardcastle; 3. the notice of motion dated 24 July 2002 be otherwise dismissed; and 4. the applicant pay the respondents' costs of the hearing of the notice of motion dated 24 July 2002. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.