Southern Pacific Petroleum NL (Receiver and Manager Appointed), (Administrator Appointed) v Esso Australia Resources Pty Ltd, in the matter of Southern Pacific Petroleum NL (Receiver and Manager Appointed), (Administrator Appointed) [2004] FCA 1327

FEDERAL COURT OF AUSTRALIA

Southern Pacific Petroleum NL (Receiver and Manager Appointed), (Administrator Appointed) v Esso Australia Resources Pty Ltd, in the matter of Southern Pacific Petroleum NL (Receiver and Manager Appointed), (Administrator Appointed) [2004] FCA 1327 SOUTHERN PACIFIC PETROLEUM NL (RECEIVER AND MANAGER APPOINTED), (ADMINISTRATOR APPOINTED ACN 008 460 366 v ESSO AUSTRALIA RESOURCES PTY LIMITED ACN 091 829 819 & ORS N1336 OF 2004 EMMETT J 14 OCTOBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1336 OF 2004

IN THE MATTER OF SOUTHERN PACIFIC PETROLEUM NL (RECEIVER AND MANAGER APPOINTED), (ADMINISTRATOR APPOINTED)

BETWEEN: SOUTHERN PACIFIC PETROLEUM NL (RECEIVER AND MANAGER APPOINTED), (ADMINISTRATOR APPOINTED) ACN 008 460 366

PLAINTIFF

AND: ESSO AUSTRALIA RESOURCES PTY LIMITED

ACN 091 829 819

FIRST DEFENDANT

PETER IVAN FELIX GEROFF

SECOND DEFENDANT

WILLIAM MARTIN COLWELL

THIRD DEFENDANT

ANDREW JOHN LOVE

FOURTH DEFENDANT

JUDGE: EMMETT J

DATE OF ORDER: 14 OCTOBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. All claims as against the first defendant be dismissed on the ground that the Court has no jurisdiction to hear and determine those claims. 2. The plaintiff pay the first defendant's costs of the proceeding including the notice of motion filed on 5 October 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 N1336 OF 2004

IN THE MATTER OF SOUTHERN PACIFIC PETROLEUM NL (RECEIVER AND MANAGER APPOINTED), (ADMINISTRATOR APPOINTED)

BETWEEN: SOUTHERN PACIFIC PETROLEUM NL (RECEIVER AND MANAGER APPOINTED), (ADMINISTRATOR APPOINTED) ACN 008 460 366