Australian Winch and Haulage Company Pty Limited (Administrator Appointed) v Walter Construction Group Limited [2002] FCA 1162

FEDERAL COURT OF AUSTRALIA

Australian Winch and Haulage Company Pty Limited (Administrator Appointed) v Walter Construction Group Limited [2002] FCA 1162 AUSTRALIAN WINCH AND HAULAGE COMPANY PTY LIMITED (ADMINISTRATOR APPOINTED) v WALTER CONSTRUCTION GROUP LIMITED N 549 of 2002 ALLSOP J 16 SEPTEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 549 of 2002

BETWEEN: AUSTRALIAN WINCH AND HAULAGE COMPANY PTY LIMITED (ADMINISTRATOR APPOINTED)

APPLICANT

AND: WALTER CONSTRUCTION GROUP LIMITED

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 16 SEPTEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. On the undertaking of the applicant company through its counsel and the undertaking of Mr Brian Hemsworth, shareholder of that company, in the form of Practice Note 3 and the latter in the form of Exhibit A in the proceedings, until 4 pm 19 September 2002, the respondent by itself, its agents, servants or otherwise be restrained from continuing with any call on unconditional undertakings to American Re-Insurance Company, which are copies of annexures "D1", "D2", "D3" and "D4" to the affidavit of Chris Kintis sworn and filed 16 September 2002. 2. If either party wishes to put on any further evidence or written submissions, they are to do so by lunch 18 September 2002. 3. Leave be granted to the applicant to file in Court a notice of motion, to be returnable instanter, and the requirement for service be dispensed with. 4. Leave be granted to the applicant to file in Court: (a) the affidavit of Chris Kintis sworn 16 September 2002; and (b) the affidavit of Scott Macalister Howell sworn 15 September 2002. 1. The matter be stood over to 2.15 pm on Thursday 19 September 2002 for judgment and/or further argument.