S.P.I. Spirits (Cyprus) Limited v Diageo Australia Limited [2004] FCA 1780

FEDERAL COURT OF AUSTRALIA

S.P.I. Spirits (Cyprus) Limited v Diageo Australia Limited [2004] FCA 1780

S.P.I. SPIRITS (CYPRUS) LIMITED (Registered in Cyprus) AND SPIRITS INTERNATIONAL N.V. (Registered in the Netherlands Antilles, Company No 1060883) v DIAGEO AUSTRALIA LIMITED (ACN 004 167 720) AND FEDERAL TREASURY ENTERPRISE (FKP) SOJUZPLODOIMPORT

NSD 1816 OF 2004

GYLES J

17 DECEMBER 2004

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1816 OF 2004

BETWEEN: S.P.I. SPIRITS (CYPRUS) LIMITED (Registered in Cyprus)

FIRST APPLICANT

SPIRITS INTERNATIONAL N.V. (Registered in the Netherlands Antilles, Company No. 1060883)

SECOND APPLICANT

AND: DIAGEO AUSTRALIA LIMITED (ACN 004 167 720)

FIRST RESPONDENT

FEDERAL TREASURY ENTERPRISE (FKP) SOJUZPLODOIMPORT

SECOND RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 17 DECEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Pursuant to O 6 r 8 of the Federal Court Rules, Federal Treasury Enterprise (FKP) Sojuzplodoimport (FKPS) be added to these proceedings as the second respondent.

2. The applicants provide to FKPS copies of all documents referred to in the Statement of Claim by 23 December 2004, its access to such documents to be confined to its solicitor and counsel until further order.

3. FKPS file and serve any cross-claim by 28 January 2005.

4. The matter be listed for further directions on 10 February 2005.

5. The parties have liberty to apply on three days' prior notice.

6. Costs of the motion be costs in the cause.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.