DSE (Holdings) Pty Limited v InterTAN Inc [2004] FCA 1251

FEDERAL COURT OF AUSTRALIA

DSE (Holdings) Pty Limited v InterTAN Inc [2004] FCA 1251 DSE (HOLDINGS) PTY LTD v INTERTAN INC AND ANOR N 3011 of 2002 ALLSOP J 22 SEPTEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3011 of 2002

BETWEEN: DSE (HOLDINGS) PTY LIMITED

APPLICANT

AND: INTERTAN INC

FIRST RESPONDENT

INTERTAN CANADA LIMITED

SECOND RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 22 SEPTEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. THE COURT DECLARES THAT upon the proper construction of the written agreement entitled "Share Acquisition Agreement" and executed on 10 April 2001, the expression "December Accounts" means or refers to the document entitled: "Corporate Pack - Intertan Australia Subsidiary/Division for the period ending December 2000" and referred to by the parties in these proceedings as "the December Corporate Pack". 2. THE COURT ORDERS THAT judgment be entered in favour of the applicant against the first and second respondents in the sum of $4,208,602.06 inclusive of interest up to and including 22 September 2004. 3. THE COURT ORDERS THAT the first and second respondents pay to the applicant the sum referred to in order 2. 4. THE COURT ORDERS THAT the amended cross-claim be dismissed. 5. THE COURT DISCHARGES orders 3 and 4 made on 9 September 2004. 6. THE COURT ORDERS THAT the first and second respondents pay the applicants costs of the proceedings, including the costs of the amended cross-claim, any reserved costs and the costs of the third party discovery order made against SalomonSmithBarney on 19 December 2002 as agreed or taxed on an indemnity basis save that the costs of three days of hearing are to be paid as agreed or taxed on a party/party basis. 7. THE COURT ORDERS THAT the first and second respondents pay the third party's costs and expenses of the discovery order made against SalomonSmithBarney on 19 December 2002. 8. If it be necessary, THE COURT ORDERS THAT time for the filing and service of a notice of appeal be extended to a day commencing today, 22 September 2004. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.