Lean v Tumut River Orchard Management Ltd [2003] FCA 1004

FEDERAL COURT OF AUSTRALIA

Lean v Tumut River Orchard Management Ltd [2003] FCA 1004

GRAEME TREVOR LEAN v TUMUT RIVER ORCHARD MANAGEMENT LTD (IN LIQUIDATION), HP MERCANTILE PTY LTD and RRKM PTY LTD

WAG 329 of 2002 CARR J 23 SEPTEMBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 329 OF 2002

BETWEEN: GRAEME TREVOR LEAN

Applicant

AND: TUMUT RIVER ORCHARD MANAGEMENT LIMITED

(IN LIQUIDATION) ACN 003 501 611

First Respondent

HP MERCANTILE PTY LIMITED

ACN 067 362 877

Second Respondent

RRKM PTY LIMITED

ACN 008 930 532

Third Respondent

JUDGE: CARR J

DATE OF ORDER: 23 SEPTEMBER 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The applicant have leave to amend the application and statement of claim in terms of the minute of proposed application and minute of proposed statement of claim (each lodged on 6 June 2003) respectively. 2. The documents lodged on 6 June 2003 and described as "Substituted Application" and "Substituted Statement of Claim" respectively stand as the substituted application and substituted statement of claim and service of those documents is dispensed with. 3. The question of the costs of the motion be stood over for consideration, if necessary, on a date to be fixed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 329 OF 2002

BETWEEN: GRAEME TREVOR LEAN

Applicant

AND: TUMUT RIVER ORCHARD MANAGEMENT LIMITED

(IN LIQUIDATION) ACN 003 501 611

First Respondent

HP MERCANTILE PTY LIMITED

ACN 067 362 877