Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd [2003] FCA 1180

FEDERAL COURT OF AUSTRALIA

Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd [2003] FCA 1180 CHECKED-OUT PTY LTD v EAGLE EYE INSPECTIONS PTY LTD & ORS N169 OF 1999 EMMETT J 13 AUGUST 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: 13 AUGUST 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the applicant file an affidavit in support of any application for a certificate under O 80 r 4 of the Federal Court Rules as to the means of the applicant and to the capacity of the applicant to obtain legal assistance outside the scheme referred to in O 80; 2. leave be granted to the applicant to file a notice of motion seeking orders varying the regime for security of costs, such notice of motion to be made returnable before Emmett J on Friday, 15 August 2003 at 2.15 pm; 3. the time for service of any notice of motion filed pursuant to Order 2 and any affidavits in support of such motion be abridged to 1.00 pm on Thursday, 14 August 2003; 4. the respondents serve, no later than 5.00 pm on Thursday, 14 August 2003, any affidavits on which they intend to rely in opposition to any notice of motion filed pursuant to Order 2; 5. leave be granted to the respondents to file in Court the defences to the Fifth Further Amended Statement of Claim; 6. the matter be fixed provisionally for hearing of all issues other than issues concerning relief on 13 October 2003 at 10.15 am for five (5) days; 7. the matter be stood over for further directions on Friday, 15 August 2003 at 2.15 pm. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.