Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd [2002] FCA 1210 CHECKED-OUT PTY LTD v EAGLE EYE INSPECTIONS PTY LTD
N169 OF 1999 EMMETT J 19 SEPTEMBER 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: 19 SEPTEMBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. the applicant be given leave to file a further amended statement of claim amended substantially to the effect set out in the Schedule to these orders; 2. the applicant pay the costs thrown away by any amendment referred to in order 1; 3. upon the filing of such a further amended statement of claim, the notices of motion of the 6th to 11th respondents filed on 7 December 2001 and of the 12th respondent, filed on and 21 November 2001 be dismissed with costs; 4. the notices of motion referred to in order 3 be adjourned to 28 November 2002 at 9.30am before Emmett J. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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