Biman International Pty Ltd v Amalgamated Security Services Pty Ltd [2003] FCA 801

FEDERAL COURT OF AUSTRALIA

Biman International Pty Ltd v Amalgamated Security Services Pty Ltd [2003] FCA 801 BIMAN INTERNATIONAL PTY LTD v AMALGAMATED SECURITY SERVICES PTY LTD AND ORS N 927 of 2002 ALLSOP J 1 AUGUST 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 927 of 2002

BETWEEN: BIMAN INTERNATIONAL PTY LTD

(ACN 087 748 007)

APPLICANT

AND: AMALGAMATED SECURITY SERVICES LTD

(ACN 084 183 362)

FIRST RESPONDENT

DARRYL JOHN EVANS

SECOND RESPONDENT

RYNAS PTY LTD

(ACN 010 140 520)

THIRD RESPONDENT

AUSTRALIAN TENDER SERVICES PTY LTD

FOURTH RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 1 AUGUST 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application of the first to third respondents to strike out paragraphs 7, 9A to 15A, 16, 17 and 19 and portions of paragraphs 18 and 20 of the Further Amended Statement of Claim be dismissed. 2. On or before 6 August 2003 the applicant file and serve a draft minute of order on the question of discovery and the further conduct of the proceedings. 3. The first to third respondents pay 85% of the costs of the applicant in relation to the argument concerning striking out parts of the Further Amended Statement of Claim and the question of discovery by the respondents. 4. The proceedings stand over to a date to be fixed for further directions.

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 927 of 2002

BETWEEN: BIMAN INTERNATIONAL PTY LTD

(ACN 087 748 007)

APPLICANT

AND: AMALGAMATED SECURITY SERVICES LTD