Rocklea Spinning Mills Pty Ltd v Bonds Industries Pty Ltd [2004] FCA 1297

FEDERAL COURT OF AUSTRALIA

Rocklea Spinning Mills Pty Ltd v Bonds Industries Pty Ltd [2004] FCA 1297 ROCKLEA SPINNING MILLS PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) (ABN 59 000 070 824) and GE CAPITAL FINANCE PTY LIMITED (ACN 075 554 175) v BONDS INDUSTRIES PTY LIMITED (ACN 000 022 426) N 862 of 2004 JACOBSON J 27 SEPTEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 862 of 2004

BETWEEN: ROCKLEA SPINNING MILLS PTY LTD

(RECEIVERS AND MANAGERS APPOINTED)

ABN 59 000 070 824

FIRST APPLICANT

GE CAPITAL FINANCE PTY LTD

ACN 075 554 175

SECOND APPLICANT

AND: BONDS INDUSTRIES PTY LTD

ACN 000 022 426

RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 27 SEPTEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Applicant's Notice of Motion, dated 27 September 2004 is dismissed;

2. Applicant to pay Respondent's costs of, and incidental to, motion filed on 27 September 2004 on a party-party basis;

3. Applicant to pay costs to Mr Gordon and Mr Lomax of and incidental to motion filed on 27 September 2004 to join them in the proceedings;

4. Applicant to pay costs to Mr Gordon and Mr Lomax of and incidental to motion filed by Applicant on 13 August 2004;

5. Leave to file any further amended Application and Statement of Claim to be conditional upon the applicants filing all evidence relied upon by them in support of the claim;

6. The Applicant is to file and serve any evidence referred to in Order 5 by 15 November 2004; and

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 862 of 2004