Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Eden Construction Pty Limited v State of New South Wales [2004] FCA 941 PRACTICE AND PROCEDURE – by consent separate questions for determination
Eden Constructions v State of New South Wales [2004] NSWSC 410 EDEN CONSTRUCTION PTY LIMITED v STATE OF NEW SOUTH WALES N 833 OF 2004 CONTI J 19 JULY 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 833 OF 2004
BETWEEN: EDEN CONSTRUCTION PTY LIMITED
APPLICANT
AND: STATE OF NEW SOUTH WALES
RESPONDENT
JUDGE: CONTI J
DATE OF ORDER: 19 JULY 2004
WHERE MADE: SYDNEY
THE COURT DIRECTS THAT: 1. The parties prepare signed short minutes of order reflecting these reasons and forward the same to chambers. 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 833 OF 2004
BETWEEN: EDEN CONSTRUCTION PTY LIMITED
APPLICANT
AND: STATE OF NEW SOUTH WALES
RESPONDENT
JUDGE: CONTI J
DATE: 19 JULY 2004
PLACE: SYDNEY
REASONS FOR DIRECTIONS
Background 1 On 25 July 2003, the applicant ('Eden') filed a summons in the Supreme Court of New South Wales Technology and Construction List containing the following claims, literally reproduced: '1. An order for damages; 2. An order for damages pursuant to Section 82 of the Trade Practices Act 1974; 1. A declaration that the Defendant is in Breach of Section 46 of the Trade Practices Act 1974; 2. A declaration that the Defendant is in Breach of Section 45(2) of the Trade Practices Act 1974; 3. A declaration that the Plaintiff is to be removed from the Defendant's performance review list; 3. An order for interest pursuant to section 94 Supreme Court Act 1970 from March 2002 at the rate of 9% pa and thereafter continuing to the present date; 4. An order for costs.' 2 Subsequently on 26 August 2003, Eden filed in the same List of the Supreme Court of New South Wales an amended summons containing the same claims.
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