Barghouthi v ING Custodians Pty Ltd [2004] FCA 141

FEDERAL COURT OF AUSTRALIA

Barghouthi v ING Custodians Pty Ltd [2004] FCA 141 RAMZI BARGHOUTHI AND ING CUSTODIANS PTY LTD AND ORS N 505 of 2002 ALLSOP J 24 FEBRUARY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 505 of 2002

BETWEEN: RAMZI BARGHOUTHI

APPLICANT

AND: ING CUSTODIANS PTY LIMITED

FIRST RESPONDENT

ING LIFE LIMITED

SECOND RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 24 FEBRUARY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Respondents' motion for dismissal of the proceedings to be filed and served in accordance with these orders by 11 March 2004. 2. Service of the notice of motion and supporting affidavits to be effected by: a) sending a copy by prepaid post to PO Box 213 Dulwich Hill NSW 2203; b) the Registrar, by sending a copy by registered post to the Applicant's address for service; c) in respect of (b), Order 7 rule 11 to apply in the event that there is evidence that the document is not delivered; d) one advertisement of the date of hearing and orders sought on the motion in each of the Sydney Morning Herald and a local newspaper in the Lakemba area; and e) hand delivery to any address notified to the Court as an address of the applicant as contained in the Court file

3. The Respondents' notice of motion for dismissal of the proceedings to be returnable before Allsop J on 19 April 2004 at 4:15 pm. 4. The Applicant to pay the Respondents' costs of 24 February 2004 (if this was not comprehended in his Honour's orders as to costs made on 24 February 2004).

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 505 of 2002