Makucha v Sovereign Capital Limited ACN 084 821 218 [2004] FCA 1784

FEDERAL COURT OF AUSTRALIA

Makucha v Sovereign Capital Limited ACN 084 821 218 [2004] FCA 1784 PAUL MAKUCHA v SOVEREIGN CAPITAL LIMITED ACN 084 821 218 & ORS N 1653 OF 2004 EMMETT J 23 NOVEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1653 OF 2004

BETWEEN: PAUL MAKUCHA

APPLICANT

AND: SOVEREIGN CAPITAL LIMITED ACN 084 821 218

FIRST RESPONDENT

PRESLANDS FINANCE PTY LIMITED ACN 069 851 449

SECOND RESPONDENT

NOTHINTOOHARD PTY LIMITED ACN 080 711 897

(IN LIQUIDATION) (RECEIVER APPOINTED)

THIRD RESPONDENT

ADAM SHEPARD

FOURTH RESPONDENT

RONALD JOHN DEAN-WILLCOCKS

FIFTH RESPONDENT

COLLIERS INTERNATIONAL (NSW) PTY LIMITED

ACN 001 401 681

SIXTH RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 23 NOVEMBER 2004

WHERE MADE: SYDNEY

THE COURT NOTES THAT : 1. The applicant gives the usual undertaking as to damages: 2. The sixth respondent, by its solicitor, undertakes to the Court that it will not, until further order, copy, reproduce or adapt any part of: 1. the plans and drawings comprising Annexure X to the Valuation report of Auspac International Valuers Pty Limited dated 9 March 2004; 2. the 9 architectural plans and drawings contained in Exhibit M1A in the proceeding; 3. Exhibit M2A; (together referred to as 'the Copyright Material'). THE COURT ORDERS THAT: 3. Until further order, the first respondent be restrained from copying, reproducing or adapting any part of the Copyright Material. 4. The costs of today be reserved. 5. The notice of motion dated 22 November 2004 be otherwise dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.