Aevum Limited ACN 087 648 691 v National Exchange Pty Limited ACN 006 079 974 [2005] FCA 368

FEDERAL COURT OF AUSTRALIA

Aevum Limited ACN 087 648 691 v National Exchange Pty Limited ACN 006 079 974 [2005] FCA 368 AEVUM LIMITED ACN 087 648 691 v NATIONAL EXCHANGE PTY LIMITED ACN 006 079 974 NSD1592 OF 2004

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v NATIONAL EXCHANGE PTY LIMITED ACN 006 079 974 NSD1679 OF 2004 EMMETT J 4 MARCH 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1592 OF 2004

IN THE MATTER OF AEVUM LIMITED ACN 087 648 691

BETWEEN: AEVUM LIMITED ACN 087 648 691

FIRST PLAINTIFF

ALLEN KAVANAGH

SECOND PLAINTIFF AND: NATIONAL EXCHANGE PTY LIMITED ACN 006 079 974

DEFENDANT

JUDGE: EMMETT J

DATE: 4 MARCH 2005

PLACE: SYDNEY

THE COURT ORDERS THAT: 1. The Defendant is to pay 25% of the Plaintiff's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1679 OF 2004

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

PLAINTIFF

AND: NATIONAL EXCHANGE PTY LIMITED ACN 006 079 974

DEFENDANT

JUDGE: EMMETT J

DATE: 4 MARCH 2005

PLACE: SYDNEY

THE COURT ORDERS THAT: 1. The Defendant is to pay the costs of the Plaintiff, other than the costs that would not have been incurred but for the claims in relation to misleading and deceptive conduct and unconscionable conduct. 2. The Plaintiff is to pay the costs of the Defendant that would not have been incurred but for the claims in relation to misleading and deceptive conduct and unconscionable conduct. 3. All other orders as to costs previously made are to stand. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY