FWR Enterprises Pty Limited v Hawkins [2005] FCA 579

FEDERAL COURT OF AUSTRALIA

FWR Enterprises Pty Limited v Hawkins [2005] FCA 579 FWR ENTERPRISES PTY LIMITED v GEOFF HAWKINS AND ORS NSD 317 of 2005 ALLSOP J 9 MAY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 317 of 2005

BETWEEN: FWR ENTERPRISES PTY LIMITED

APPLICANT

AND: GEOFF HAWKINS

FIRST RESPONDENT

CAROL HEALEY

SECOND RESPONDENT

MOSSY ENTERPRISES PTY LTD

THIRD RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 6 MAY 2005

WHERE MADE: SYDNEY

THE COURT ORDER THAT: 1. Leave be granted to the applicant to serve a notice to produce no later than 4 pm on Monday, 9 May 2005 to be returnable on Friday, 13 May before a Registrar for the production to the Court of such documents as have been kept in relation to the accounting as dealt with by the order of 4 March, though the terms of the order for production may be drafted in such terms as the applicant is so advised.

2. The notice of motion filed on 4 May 2005 is adjourned to Tuesday, 17 May before the docket judge Tamberlin J.

3. The applicant pay the first and second respondents' costs of today.

4. On or before Wednesday, 11 May 2005, the first and second respondents file and serve all affidavits in answer to the affidavit of Mr Durman.

5. On or before 10 am, Monday, 16 May 2005, the applicant file and serve any affidavits in reply.

6. Subject to any order of the docket judge may wish to make to the contrary, no party issue or serve a notice to produce without the prior leave of the docket judge.

7. THE COURT DIRECTS the parties to bring order 6 to the attention of the docket judge at the earliest opportunity.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.