Matland Holdings Pty Limited v NTZ Pty Limited [2004] FCA 795

FEDERAL COURT OF AUSTRALIA

Matland Holdings Pty Limited v NTZ Pty Limited [2004] FCA 795

PRACTICE AND PROCEDURE – whether appropriate at this stage of the proceeding to determine the question of interest – trial on liability and quantum split - quantum still to be determined

Federal Court of Australia Act 1976 (Cth), s 51A Penalty Interest Rates Act 1983 (Vic)

McCormick v Riverwood International (Australia) Pty Ltd [2000] FCA 32 referred to EMCL Pty Ltd v Esanda Finance Corporation Ltd [1999] FCA 978 referred to MATLAND HOLDINGS PTY LIMITED ACN 005 558 912 AND CALTEX AUSTRALIA PETROLEUM PTY LIMITED ACN 000 032 128 v NTZ PTY LIMITED ACN 005 154 165, GEORGE NTZOUNAS AND HELCO PETROLEUM PTY LIMITED ACN 080 758 738 VG 581 of 1999

KENNY J 23 JUNE 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 581 OF 1999

BETWEEN: MATLAND HOLDINGS PTY LIMITED (ACN 005 558 912)

FIRST APPLICANT

CALTEX AUSTRALIA PETROLEUM PTY LIMITED (ACN 000 032 128)

SECOND APPLICANT

AND: NTZ PTY LIMITED (ACN 005 154 165)

FIRST RESPONDENT

GEORGE NTZOUNAS

SECOND RESPONDENT

HELCO PETROLEUM PTY LIMITED (ACN 080 758 738)

THIRD RESPONDENT

JUDGE: KENNY J

DATE OF ORDER: 23 JUNE 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS AND DECLARES THAT:

1. The applicants be granted leave to amend their second further amended statement of claim by substituting references to the Fair Trading Act 1985 (Vic) for references to the Fair Trading Act 1999 (Vic), in conformity with the draft third further amended statement of claim, which the applicants filed with their written submissions on 11 June 2004. 2. The third respondent pay the second applicant the sum of $29,087.54 together with interest thereon as may be fixed in due course. 3. The cross-claim be dismissed. 4. Judgment be entered for the applicants against the first and second respondents for damages to be assessed. 5. There be a case management conference, at a date to be fixed, before a Registrar of this Court to prepare the matter for trial on the question of quantum. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.