Tovegold Pty Limited v Lawson Hill Estate Pty Limited [2005] FCA 205

FEDERAL COURT OF AUSTRALIA

Tovegold Pty Limited v Lawson Hill Estate Pty Limited [2005] FCA 205 Tovegold Pty Limited T/AS MCGREGOR FIRST NATIONAL REAL ESTATE AND O'BriEN v Lawson Hill Estate Pty Limited AS TRUSTEE OF LAWSON HILL ESTATE TRUST AND ORS N 56 of 2005 GRACE v Lawson Hill Estate Pty Limited AS TRUSTEE OF LAWSON HILL ESTATE TRUST AND ORS N 91 of 2005 DALTON v Lawson Hill Estate Pty Limited AS TRUSTEE OF LAWSON HILL ESTATE TRUST AND ORS N 1928 of 2004 JACOBSON J 1 MARCH 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 56 OF 2005

BETWEEN: Tovegold Pty Limited T/AS MCGREGOR FIRST NATIONAL REAL ESTATE

FIRST APPELLANT

TIM O'BRIEN

SECOND APPELLANT

AND: Lawson Hill Estate Pty Limited AS TRUSTEE OF LAWSON HILL ESTATE TRUST (ACN 096 523 241)

FIRST RESPONDENT

JOSE JOHN HAROLD GRACE

SECOND RESPONDENT

JUNE GRACE

THIRD RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 1 MARCH 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Notice of Motion filed on 20 January 2005 by the first appellant is dismissed. 2. The first appellant is to pay the costs of the motion filed 20 January 2005. 3. Pursuant to Order 37 rule 10, execution of the judgment of his Honour Justice Wilcox of 10 December 2004 is stayed against the Second Appellant, pending the determination of the appeal, conditional upon Ace Insurance Limited providing to the solicitors for the successful applicants a bond in form and substance satisfactory to the solicitors for the successful applicants for the full amount of the judgment debt and the costs of the hearing before Wilcox J in an amount to be assessed or taxed. Such bond is to be provided by 4pm, Friday 4 March 2005.