Principal Strategic Options Pty Limited v Coshott [2003] FCA 736

FEDERAL COURT OF AUSTRALIA

Principal Strategic Options Pty Limited v Coshott [2003] FCA 736 PRACTICE AND PROCEDURE – undertaking as to damages – approach to assessment of compensation – distinction between damage caused by the making of the interlocutory order and damage cause by the fact of litigation.

Bankruptcy Act 1966 (Cth), s 50 Federal Court of Australia Act 1976 (Cth) s 51A(1) Air Express Limited v Ansett Transport Industries (Operations) Proprietary Limited (1981) 146 CLR 249 applied McCormick v Riverwood International (Australia) Pty Ltd [2000] FCA 32 applied Principal Strategic Options Pty Ltd, in the matter of Coshott v Coshott [2001] FCA 664 referred to PRINCIPAL STRATEGIC OPTIONS PTY LIMITED v ROBERT GILBERT COSHOTT N 7559 of 2000 BRANSON J 21 JULY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7559 of 2000

BETWEEN: PRINCIPAL STRATEGIC OPTIONS PTY LIMITED

APPLICANT

AND: ROBERT GILBERT COSHOTT

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 21 JULY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The proceedings be stood over to 9.30 am on 31 July 2003 for the purpose of making of orders giving effect to these reasons, including orders as to costs. 2. The parties provide to the Associate of the Hon Justice Branson by 12.00 noon on 30 July 2003 an agreed minute of the orders to be made (including the orders to be made as to costs) and if agreement has not by then been reached, the minutes of orders for which they will respectively contend and brief outlines of submissions in support of the orders.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7559 of 2000

BETWEEN: PRINCIPAL STRATEGIC OPTIONS PTY LIMITED

APPLICANT

AND: ROBERT GILBERT COSHOTT