Deangrove Pty Ltd v Commonwealth Bank of Australia [2002] FCA 1352

FEDERAL COURT OF AUSTRALIA

Deangrove Pty Ltd v Commonwealth Bank of Australia [2002] FCA 1352 DEANGROVE PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) & ANOR v COMMONWEALTH BANK OF AUSTRALIA N 1142 OF 2000 SACKVILLE J SYDNEY 1 NOVEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1142 OF 2000

BETWEEN: DEANGROVE PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED)

FIRST APPLICANT

JOHN ANTHONY JEANS

SECOND APPLICANT

AND: COMMONWEALTH BANK OF AUSTRALIA

RESPONDENT

COMMONWEALTH BANK OF AUSTRALIA

CROSS CLAIMANT

DEANGROVE PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED)

FIRST CROSS RESPONDENT

JOHN ANTHONY JEANS

SECOND CROSS RESPONDENT

JOHN RICHARD BRUCE

THIRD CROSS RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 1 NOVEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The hearing dates of 3 to 13 December 2002 be vacated. 2. Order 1 made on 1 October 2002 be varied by deleting 7 November 2002 and substituting 16 November 2002 therefor. 3. The applicants pay the respondent's costs of this motion, on an indemnity basis. 4. The applicants pay the respondent's costs thrown away by the vacating of the hearing dates, on an indemnity basis. 5. The respondent be at liberty to tax the costs referred to in paragraphs 3 and 4 forthwith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1142 OF 2000

BETWEEN: DEANGROVE PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED)

FIRST APPLICANT

JOHN ANTHONY JEANS

SECOND APPLICANT

AND: COMMONWEALTH BANK OF AUSTRALIA