Rivkin Financial Services Limited (ACN 061 287 045) v Sofcom Limited (ACN 088 488 724) [2004] FCA 1783

FEDERAL COURT OF AUSTRALIA

Rivkin Financial Services Limited (ACN 061 287 045) v Sofcom Limited

(ACN 088 488 724) [2004] FCA 1783

RIVKIN FINANCIAL SERVICES LIMITED (ACN 061 287 045) v SOFCOM LIMITED (ACN 087 482 602) & ORS N1092 OF 2004 EMMETT J 9 DECEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1092 OF 2004

BETWEEN: RIVKIN FINANCIAL SERVICES LIMITED

(ACN 061 287 045)

PLAINTIFF

AND: SOFCOM LIMITED (ACN 088 488 724)

FIRST DEFENDANT

FAST SCOUT LIMITED (ACN 088 488 724)

SECOND DEFENDANT

ALTERA CAPITAL LIMITED (ACN 082 541 437)

THIRD DEFENDANT

CROSS CLAIM: SOFCOM LIMITED (ACN 088 488 724)

FIRST CROSS-CLAIMANT

FAST SCOUT LIMITED (ACN 088 488 724)

SECOND CROSS-CLAIMANT

ALTERA CAPITAL LIMITED (ACN 082 541 437)

THIRD CROSS-CLAIMANT

RIVKIN FINANCIAL SERVICES LIMITED

(ACN 061 287 045)

FIRST CROSS-DEFENDANT

ALAN DAVIS GROUP PTY LTD (ACN 000 762 489)

SECOND CROSS-DEFENDANT

NETWORK LIMITED (ACN 091 780 924)

THIRD CROSS-DEFENDANT

COLE KABLOW SUPERANNUATION PTY LTD

(ACN 082 873 541)

FOURTH CROSS-DEFENDANT

ALAN ANDEREW DAVIS

FIFTH CROSS-DEFENDANT

JUDGE: EMMETT J

DATE OF ORDER: 9 DECEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Rivkin Financial Services Limited ("RFS") pay the defendants' costs of the claim. 2. The cross-claimants pay all costs reasonably incurred by RFS in defending the cross-claim other than those costs that would have been incurred in any event in the commencement and prosecution of RFS's claim. 3. The cross-claimants pay all costs reasonably incurred by the second, third fourth and fifth cross-defendants in defending the cross-claim. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.