FEDERAL COURT OF AUSTRALIA Lloyd Harris v Peter Tighe [2003] FCA 738 LLOYD HARRIS v PETER TIGHE & ORS V354 OF 2003 MARSHALL J 22 JULY 2003 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY V354 OF 2003 BETWEEN: LLOYD HARRIS APPLICANT AND: PETER TIGHE (and others according to the Schedule of Respondents hereto) RESPONDENTS JUDGE: MARSHALL J DATE OF ORDER: 22 JULY 2003 WHERE MADE: MELBOURNE THE COURT ORDERS THAT: The rule to show cause granted on 6 May 2003 be discharged. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. SCHEDULE OF RESPONDENTS PETER TIGHE First Respondent BERNIE RIORDAN Second Respondent JAMES MacFADYEN Third Respondent JOHN DORAN Fourth Respondent DEAN MIGHELL Fifth Respondent RICHARD WILLIAMS Sixth Respondent ROBERT GERAGHTY Seventh Respondent WILLIAM GAME Eighth Respondent EARL SETCHES NinthRespondent STEVE McCARNEY Tenth Respondent GARY JACOBSEN Eleventh Respondent JORGEN GULLESTRUP Twelfth Respondent NIGEL LEAN Thirteenth Respondent MIKE MITCHELL Fourteenth Respondent TONY MURPHY Fifteenth Respondent BRIAN O'REILLY Sixteenth Respondent JOE GATTO Seventeenth Respondent STEVE MASON Eighteenth Respondent NOEL PAUL Nineteenth Respondent PETER MILLER Twentieth Respondent BRIAN BAULK Twenty-First Respondent COLIN COOPER Twenty-Second Respondent DAVID IRONS Twenty-Third Respondent SHARELLE HERRINGTON Twenty-Fourth Respondent DEBORAH HARRIS Twenty-Fifth Respondent NOEL BRETAG Twenty-Sixth Respondent LAURIE CHALKER Twenty-Seventh Respondent JIM METCHER Twenty-Eighth Respondent IAN McCARTHY Twenty-Ninth Respondent VIVETTE HORREX Thirtieth Respondent JOHN BROWN Thirty-First Respondent BURT BLACKBURNE Thirty-Second Respondent DOREEN McDONALD Thirty-Third Respondent PAUL WHITE Thirty-Fourth Respondent GERRY KANDELAARS Thirty-Fifth Respondent PAUL KELLY Thirty-Sixth Respondent GARY CARSON Thirty-Seventh Respondent BARRY RISELEY Thirty-Eighth Respondent DAN DWYER Thirty-Ninth Respondent G ROBINS Fortieth Respondent L WALKINGTON Forty-First Respondent L HARRIS Forty-Second Respondent D EVANS Forty-Third Respondent L EINFUSS Forty-Fourth Respondent M SWAN Forty-Fifth Respondent S MASON Forty-Sixth Respondent H McMULLAN Forty-Seventh Respondent P DOHERTY Forty-Eighth Respondent L COOPER Forty-Ninth Respondent G RAYNER Fiftieth Respondent G ENZON Fifty-First Respondent M ETUE Fifty-Second Respondent R WILDE Fifty-Third Respondent N TAYLOR Fifty-Fourth Respondent L BRITAIN Fifty-Fifth Respondent S DODD Fifty-Sixth Respondent B CLARKE Fifty-Seventh Respondent G CUMMING Fifty-Eighth Respondent N REID Fifty-Ninth Respondent K MELLIS Sixtieth Respondent R STEER Sixty-First Respondent C THIELE Sixty-Second Respondent B DOBSON Sixty-Third Respondent N PAUL Sixty-Fourth Respondent P McDONALD Sixty-Fifth Respondent B WATKINS Sixty-Sixth Respondent P MILLER Sixty-Seventh Respondent M SUMNER Sixty-Eighth Respondent D KENNA Sixty-Ninth Respondent IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY V354 OF 2003 BETWEEN: LLOYD HARRIS APPLICANT AND: PETER TIGHE (and others according to the Schedule of Respondents hereto) RESPONDENTS JUDGE: MARSHALL J DATE: 22 JULY 2003 PLACE: MELBOURNE REASONS FOR JUDGMENT 1 These reasons for judgment should be read together with the reasons for judgment in CEPU v Harris [2003] FCA 737 which was published immediately before the publication of these reasons. 2 The rule to show cause in this matter would have been made absolute but for the validation order made in CEPU v Harris. Consequently it is appropriate to order that the rule to show cause be discharged. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Marshall. Associate: Dated: 22 July 2003 Counsel for the Applicant: Mr R Niall Solicitor for the Applicant: Holding Redlich Counsel for the 1st, 4th, 6th, 7th, 8th, 13th, 17th, 19th, 20th, 21st, 24th, 25th, 27th, 28th, 31st, 34th, 35th, 36th, 39th, 40th, 47th, 50th to 66th and 68th Respondents: Mr R Kenzie QC with Ms C Howell Solicitor for the1st, 4th, 6th, 7th, 8th, 13th, 17th, 19th, 20th, 21st, 24th, 25th, 27th, 28th, 31st, 34th, 35th, 36th, 39th, 40th, 47th, 50th to 66th and 68th Respondents: Slater & Gordon Date of Hearing: 18 and 19 June 2003 Completion of Written Submissions 7 July 2003 Date of Judgment: 22 July 2003