Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd [2003] FCA 1179

FEDERAL COURT OF AUSTRALIA

Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd [2003] FCA 1179 CHECKED-OUT PTY LTD v EAGLE EYE INSPECTIONS PTY LTD & ORS N169 OF 1999 EMMETT J 1 OCTOBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N169 OF 1999

BETWEEN: CHECKED-OUT PTY LTD (ACN 071 965 798)

APPLICANT

AND: EAGLE EYE INSPECTIONS PTY LTD (ACN 084 722 234)

FIRST RESPONDENT

JOSEPH WILLIAMS

SECOND RESPONDENT

WAYNE THOMAS COOK

THIRD RESPONDENT

TIMOTHY BOLLINS

FOURTH RESPONDENT

DEBORAH JEAN WILLIAMS

FIFTH RESPONDENT

PETER ADAMS trading as PETER ADAMS, SOLICITORS & ATTORNEYS

SIXTH RESPONDENT

KATARINA MUC trading as G H HEALEY & CO BLACKTOWN and BRUCE McCANN trading as B E McCANN & CO, SOLICITORS

SEVENTH RESPONDENT

MARK KELADA trading as MARK KELADA SOLICITORS

EIGHTH RESPONDENT

MICHAEL QUINN trading as QUINNS SOLICITORS

NINTH RESPONDENT

JOHN MICHAEL NOYCE and GREGORY LAURENCE MARTIN trading as NOYCE LAWYERS

TENTH RESPONDENT

HENRY GRECH trading as GRECH PARTNERS SOLICITORS

ELEVENTH RESPONDENT

GREGORY PETER GUY trading as GUY & ASSOCIATES SOLICITORS

TWELFTH RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 1 OCTOBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. leave be granted to the first to fifth respondents to file in Court the affidavits of Michael Henry Atkinson sworn 30 September 2003; 2. the hearing dates, fixed provisionally for 13 October 2003 to 17 October 2003, be vacated; 3. the proceeding be listed for directions, and any current notices of motion, on Thursday 16 October 2003 at 10.15 am; 4. documents 174 and 175, being the affidavit of 13 paragraphs of Philip Julian Hardcastle sworn 29 September 2003 and the affidavit of Anna Wilczak sworn 26 September 2003, be removed from the Court file and returned to the applicant; 5. costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.