Dresna Pty Ltd v Linknarf Management Services Pty Ltd (In Liq) formerly Franklins Management Services Pty Ltd [2005] FCA 1011

FEDERAL COURT OF AUSTRALIA

Dresna Pty Ltd v Linknarf Management Services Pty Ltd (In Liq) formerly Franklins Management Services Pty Ltd [2005] FCA 1011 PRACTICE AND PROCEDURE – application by respondents to bring cross-claims against third parties previously joined as respondents – third parties had settled as against applicant – application brought shortly before commencement of lengthy and complex trial – no adequate explanation for delay – prejudice to applicant by reason of need to adjourn of trial if leave granted – application refused Dresna Pty Ltd v Misu Nominees Pty Ltd [2003] FCA 1537 referred to Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146 referred to Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 referred to

DRESNA PTY LTD (ACN 097 346 784) v LINKNARF MANAGEMENT SERVICES PTY LTD (IN LIQUIDATION) formerly FRANKLINS MANAGEMENT SERVICES PTY LTD (ACN 000 052 077) and LINKNARF LIMITED (IN LIQUIDATION) formerly FRANKLINS LIMITED (ACN 000 929 902)

VID 909 of 2002

WEINBERG J 25 JULY 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID909 OF 2002

BETWEEN: DRESNA PTY LTD (ACN 097 346 784)

APPLICANT

AND: LINKNARF MANAGEMENT SERVICES PTY LTD (IN LIQUIDATION) formerly FRANKLINS MANAGEMENT SERVICES PTY LTD (ACN 000 052 077)

FIRST RESPONDENT

LINKNARF LIMITED (IN LIQUIDATION) formerly FRANKLINS LIMITED (ACN 000 929 902)

SECOND RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 20 JULY 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for leave to join Misu Nominees Pty Ltd, Kandara Pty Ltd and Coles Myer Limited as respondents in this proceeding, and to file cross-claims out of time, be refused. 2. The first and second respondents pay the applicant's costs of and incidental to the notice of motion filed on 27 June 2005 (as amended on 8 July 2005), apart from any costs already dealt with by order 5 of the orders made by Merkel J on 30 June 2005. 3. The first and second respondents pay the costs of the proposed cross-respondents under that notice of motion, of and incidental to the hearing on 20 July 2005.