Walter Rau Neusser Oel Und Fett AG v Cross Pacific Trading [2005] FCA 454

FEDERAL COURT OF AUSTRALIA

Walter Rau Neusser Oel Und Fett AG v Cross Pacific Trading [2005] FCA 454 WALTER RAU NEUSSER OEL UND FETT AG v CROSS PACIFIC TRADING LTD AND ORS NSD 432 of 2005 ALLSOP J 15 APRIL 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 432 of 2005

BETWEEN: WALTER RAU NEUSSER OEL UND FETT AG

APPLICANT

AND: CROSS PACIFIC TRADING LTD

FIRST RESPONDENT

PATRICK SHUNG WONG

SECOND RESPONDENT

WILLEM JOHAN VAN VLYMEN

THIRD RESPONDENT

ORBIS COMMODITIES PTY LIMITED (ACN 03 456 898)

FOURTH RESPONDENT

INTERNATIONAL COMTRADE & SHIPPING LIMITED

FIFTH RESPONDENT

RUSSELL ISLAND PLANTATION ESTATES LIMITED

SIXTH RESPONDENT

KAY LITTLEJOHN

SEVENTH RESPONDENT

AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (ACN 005 357 522)

EIGHTH RESPONDENT

ANZ BANK LIMITED, FIJI

NINTH RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 15 APRIL 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The amended notice to produce dated 1 April 2005 be set aside. 1. The question of costs of the notice of motion seeking to set aside the amended notice to produce referred to in order 1 be reserved. 1. On or before Friday, 22 April 2005, in relation to the arbitration applications, the parties co-operate to prepare an indexed book of documents. The application will be dealt with on the papers and will be brought back before the parties as soon as is reasonably possible for the purposes of identifying to the parties on that day, the issues needed to be addressed, by whom and any other matter that needs to be debated. 1. On or before Friday, 22 April 2005, in relation to the discharge of the Mareva injunction application, a book of relevant material be prepared including submissions on the issue with the matter to be determined on the papers unless cross examination be necessary. 1. No further notice to produce be issued without leave of the Court.