Makucha v Sovereign Capital Limited [2005] FCA 803

FEDERAL COURT OF AUSTRALIA

Makucha v Sovereign Capital Limited [2005] FCA 803 PRACTICE AND PROCEDURE – application for summary dismissal – failure to comply with orders of the Court – proceeding dismissed PAUL MAKUCHA v SOVEREIGN CAPITAL LIMITED (ACN 084 821 218), PRESLANDS FINANCE PTY LIMITED (ACN 069 851 449), NOTHINTOOHARD PTY LIMITED (ACN 080 711 897) (IN LIQUIDATION) (RECEIVER APPOINTED), ADAM SHEPARD, RONALD JOHN DEAN‑WILLCOCKS AND COLLIERS INTERNATIONAL (NSW) PTY LIMITED (ACN 001 401 681) NSD 1653 of 2004 BRANSON J 1 JUNE 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1653 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: BRANSON J

DATE OF ORDER: 1 JUNE 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The proceeding be wholly dismissed. 2. To the extent that it is necessary to so order, order 3 of the orders made by Emmett J on 23 November 2004 have no further force and effect. 3. To the extent that it is necessary to so order, the sixth respondent be released from the voluntary undertaking given to this Court on 23 November 2004. 4. The applicant pay the costs of the sixth respondent incurred from 23 November 2004. 5. The applicant pay the costs of the first to fifth respondents incurred from 9 December 2004. 6. No respondent may tax his or its costs referred to in par 4 or 5 hereof, as the case may be, before the expiry of 30 days from the date of these orders.