Deangrove Pty Ltd v Commonwealth Bank of Australia [2002] FCA 1545

FEDERAL COURT OF AUSTRALIA

Deangrove Pty Ltd v Commonwealth Bank of Australia [2002] FCA 1545 DEANGROVE PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) & ANOR v COMMONWEALTH BANK OF AUSTRALIA N 1142 OF 2000 SACKVILLE J SYDNEY 11 DECEMBER 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

AND: JOHN ANTHONY JEANS

SECOND APPLICANT

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: 11 DECEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Extend the time for compliance with Order 1 made on 2 October 2002 to 8 January 2003. 2. Direct that if the second applicant defaults in complying with Order 1 made on 2 October 2002 (as amended by order 1 above) then the application filed on 26 October 2000 and the amended statement of claim filed on 3 October 2002 be dismissed with costs, on terms that such dismissal prevents the applicants or either of them from bringing further proceedings on the same or substantially the same causes of action or for the same or substantially the same relief. 3. The second applicant pay the respondent's costs of the motion filed on 4 December 2002. 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