Findlay & Co Stockbrokers (Underwriters) Pty Limited (ACN 078 379 683) v Carminco Gold & Resources Limited (formerly known as Trans Pacific Mining Ltd) (ACN 095 749 670) [2005] FCA 884

FEDERAL COURT OF AUSTRALIA

Findlay & Co Stockbrokers (Underwriters) Pty Limited (ACN 078 379 683) v Carminco Gold & Resources Limited (formerly known as Trans Pacific Mining Ltd) (ACN 095 749 670) [2005] FCA 884 FINDLAY & CO STOCKBROKERS (UNDERWRITERS) PTY LIMITED (ACN 078 379 683) v CARMINCO GOLD & RESOURCES LIMITED (formerly known as TRANS PACIFIC MINING LTD) (ACN 095 749 670) & ORS NSD 829 OF 2004 EMMETT J 7 JUNE 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD829 OF 2004

BETWEEN: FINDLAY & CO STOCKBROKERS (UNDERWRITERS) PTY LIMITED (ACN 078 379 683)

APPLICANT

AND: CARMINCO GOLD & RESOURCES LIMITED (formerly known as TRANS PACIFIC MINING LTD) (ACN 095 749 670)

FIRST RESPONDENT

TRANS PACIFIC MINING LTD (ACN 107 393 948)

SECOND RESPONDENT

RODERICK NEIL SALFINGER

THIRD RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 7 JUNE 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Notes the First, Second and Third Respondents' undertakings given by their counsel to the Court in the form set out in Schedule A hereto. 2. Notes that nothing in the undertakings shall prevent any of the First, Second or Third Respondents from complying with the laws and obligations of the country or state in which assets are located or in which they do business. 3. Orders that the hearing of this proceeding set down for 6, 7, 8 and 9 June be vacated. 4. Orders that the costs of the Notice of Motion filed on 9 July 2004 be the parties' costs in the proceeding. 5. Orders that the First, Second and Third Respondents pay the costs of the Applicant thrown away as a consequence of the vacation of the hearing dates as agreed or taxed. 6. Orders the Respondents, no later than 28 June 2005, to provide security for the costs referred to in Order 5 in the sum of $10,000 in a form acceptable to the District Registrar. 7. Orders that the Respondents file and serve, no later than 30 August 2005, an affidavit by a qualified lawyer having conduct of the Canadian Appeal (as referred to in undertaking 2(e)) as to progress with the hearing and disposition of the Canadian Appeal giving an estimate as to when it is expected that the Canadian Appeal will be finally disposed of. 8. Orders that the proceeding be listed for directions on 9 September 2005. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.