Southwell v Maladina [2002] FCA 1094

FEDERAL COURT OF AUSTRALIA

Southwell v Maladina [2002] FCA 1094 ROBERT SOUTHWELL v JAMES MUSTATA MALADINA (aka JIMMY MALADINA), JANET MALADINA, FERRAGAMO LIMITED (FORMERLY KNOWN AS FERRAGAMO PTY LIMITED), FERRAGAMO (AUST) PTY LIMITED ACN 084 743 144, ORD MINNETT MANAGEMENT LIMITED ACN 002 262 240 AND NATIONAL PROVIDENT FUND BOARD OF TRUSTEES Q 7027 OF 2002 DOWSETT J 1 AUGUST 2002 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 7027 OF 2001

BETWEEN: ROBERT SOUTHWELL

APPLICANT

AND: JAMES MUSTATA MALADINA (aka JIMMY MALADINA)

FIRST RESPONDENT

JANET MALADINA

SECOND RESPONDENT

FERRAGAMO LIMITED (FORMERLY KNOWN AS FERRAGAMO PTY LIMITED)

THIRD RESPONDENT

FERRAGAMO (AUST) PTY LIMITED ACN 084 743 144

FOURTH RESPONDENT

ORD MINNETT MANAGEMENT LIMITED ACN 002 262 240

FIFTH RESPONDENT

NATIONAL PROVIDENT FUND BOARD OF TRUSTEES

SIXTH RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 1 AUGUST 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The summonses issued in these proceedings to Maurice Sullivan and Dale Treanor on 28 February 2002 and 22 April 2002 respectively be set aside. 2. Summonses issue in accordance with exhibits 1 and 2 in these proceedings. 3. The applicant in the principal proceedings, Robert Southwell, pay the costs of Dale Treanor and Maurice Sullivan of and incidental to the notices of motion to set aside the summonses issued to them, including the costs of the appearances on Monday, 29 July, and Thursday, 1 August 2002 Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA