Checked-Out Pty Limited v Eagle Eye Inspections Pty Limited [2004] FCA 1759

FEDERAL COURT OF AUSTRALIA

Checked-Out Pty Limited v Eagle Eye Inspections Pty Limited [2004] FCA 1759 CHECKED-OUT PTY LIMITED v EAGLE EYE INSPECTIONS PTY LIMITED & ORS N169 OF 1999 EMMETT J 2 SEPTEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N169 OF 1999

BETWEEN: CHECKED-OUT PTY LIMITED (ACN 071 965 798)

APPLICANT

AND: EAGLE EYE INSPECTIONS PTY LIMITED

(ACN 084 722 234)

FIRST RESPONDENT

JOSEPH WILLIAMS

SECOND RESPONDENT

WAYNE THOMAS COOK

THIRD RESPONDENT

TIMOTHY BOLLINS

FOURTH RESPONDENT

DEBORAH JEAN WILLIAMS

FIFTH RESPONDENT

PETER ADAMS trading as PETER ADAMS, SOLICITORS & ATTORNEYS

SIXTH RESPONDENT

KATARINA MUC trading as G H HEALEY & CO BLACKTOWN and BRUCE McCANN trading as

B E McCANN & CO SOLICITORS

SEVENTH RESPONDENT

MARK KELADA trading as MARK KELADA SOLICITORS

EIGHTH RESPONDENT

MICHAEL QUINN trading as QUINNS SOLICITORS

NINTH RESPONDENT

MICHAEL JOHN NOYCE and GREGORY LAURENCE MARTIN trading as NOYCE LAWYERS

TENTH RESPONDENT

HENRY GRECH trading as GRECH PARTNERS SOLICITORS

ELEVENTH RESPONDENT

GREGORY PETER GUY trading as GUY & ASSOCIATES SOLICITORS

TWELFTH RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 2 SEPTEMBER 2004

WHERE MADE: SYDNEY

THE COURT:

1. ORDERS that the notices of motion of the second to fifth respondents and of the sixth to eleventh respondents, both filed on 23 August 2004, be dismissed insofar as they relate to second and third named respondents of the motion, Ms Patricia Lane and Mr Paul Solomon. 2. ORDERS that the applicants on the motions (being the second to fifth respondents and the sixth to eleventh respondents) pay Ms Lane's and Mr Solomon's costs of the motions. 3. GRANTS LEAVE to the second and third named respondents to the motions to have a bill of costs taxed and paid forthwith. 4. DIRECTS the applicant to file and serve no later than 16 September 2004 a draft of any proposed amended statement of claim. 5. STANDS OVER the motions and lists the matter generally for directions on 24 September 2004 at 9.30 am. 6. DIRECTS that the solicitors for the sixth to eleventh respondent file on or before 5 pm on 6 September 2004 an affidavit explaining why those respondents' costs of the mediation of 24 September 2003 have not been paid. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.