Mortgage House of Australia Pty Limited v Mortgage House International Pty Limited [2004] FCA 1736

FEDERAL COURT OF AUSTRALIA

Mortgage House of Australia Pty Limited v Mortgage House International Pty Limited [2004] FCA 1736 MORTGAGE HOUSE OF AUSTRALIA PTY LIMITED ACN 081 508 054, KENNETH JAMES SAYER AND ONE AUSTRALIA PTY LIMITED ACN 003 173 199 v MORTGAGE HOUSE INTERNATIONAL PTY LIMITED ACN 085 753 699 AND DONG YU XING N 850 OF 2003 GYLES J 16 DECEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 850 OF 2003

BETWEEN: MORTGAGE HOUSE OF AUSTRALIA PTY LIMITED ACN 081 508 054

FIRST APPLICANT

KENNETH JAMES SAYER

SECOND APPLICANT

ONE AUSTRALIA PTY LIMITED ACN 003 173 199

THIRD APPLICANT

AND: MORTGAGE HOUSE INTERNATIONAL PTY LIMITED ACN 085 753 699

FIRST RESPONDENT

DONG YU XING

SECOND RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 16 DECEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The respondents pay the costs of the applicants to date excluding the costs of the application made on 21 May 2004.

2. The applicant may proceed to tax costs forthwith.

3. The proceedings stand over to Tuesday 8 February 2005 at 9.30 am.

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 850 OF 2003

BETWEEN: MORTGAGE HOUSE OF AUSTRALIA PTY LIMITED ACN 081 508 054

FIRST APPLICANT

KENNETH JAMES SAYER

SECOND APPLICANT

ONE AUSTRALIA PTY LIMITED ACN 003 173 199

THIRD APPLICANT

AND: MORTGAGE HOUSE INTERNATIONAL PTY LIMITED ACN 085 753 699

FIRST RESPONDENT

DONG YU XING

SECOND RESPONDENT

JUDGE: GYLES J

DATE: 16 DECEMBER 2004

PLACE: SYDNEY