Checked-Out Pty Limited v Eagle Eye Inspections Pty Limited [2005] FCA 1181

FEDERAL COURT OF AUSTRALIA

Checked-Out Pty Limited v Eagle Eye Inspections Pty Limited [2005] FCA 1181 CHECKED-OUT PTY LIMITED v EAGLE EYE INSPECTIONS PTY LIMITED & ORS N169 OF 1999 EMMETT J 28 JUNE 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD169 OF 1999

BETWEEN: CHECKED-OUT PTY LIMITED (ACN 071 965 798)

APPLICANT

AND: EAGLE EYE INSPECTIONS PTY LIMITED

(ACN 084 722 234)

FIRST RESPONDENT

JOSEPH WILLIAMS

SECOND RESPONDENT

WAYNE THOMAS COOK

THIRD RESPONDENT

TIMOTHY BOLLINS

FOURTH RESPONDENT

DEBORAH JEAN WILLIAMS

FIFTH RESPONDENT

PETER ADAMS trading as PETER ADAMS, SOLICITORS & ATTORNEYS

SIXTH RESPONDENT

KATARINA MUC trading as G H HEALEY & CO BLACKTOWN and BRUCE McCANN trading as

B E McCANN & CO SOLICITORS

SEVENTH RESPONDENT

MARK KELADA trading as MARK KELADA SOLICITORS

EIGHTH RESPONDENT

MICHAEL QUINN trading as QUINNS SOLICITORS

NINTH RESPONDENT

MICHAEL JOHN NOYCE and GREGORY LAURENCE MARTIN trading as NOYCE LAWYERS

TENTH RESPONDENT

HENRY GRECH trading as GRECH PARTNERS SOLICITORS

ELEVENTH RESPONDENT

GREGORY PETER GUY trading as GUY & ASSOCIATES SOLICITORS

TWELFTH RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 28 JUNE 2005

WHERE MADE: SYDNEY

THE COURT: 1. Orders that the three Notices of Motion currently outstanding, being those of 20 August 2004, 23 August 2004 and 12 October 2004, be stood over to the hearing date of 13 March 2006. 2. Orders that any other notices of motion currently outstanding be otherwise dismissed without any order as to costs. 3. Confirms that the Eighth Amended Statement of Claim is taken to have been filed on 18 February 2005. 4. Orders one of the second to fifth respondents to file an affidavit, no later than 29 August 2005, identifying the software that produced the document identified as JMW1. 5. Directs that directions henceforth be conducted by eCourt. 6. Orders that any request for further directions be forwarded by 29 August 2005. 7. Orders that of the sum presently held in Court pursuant to the order of 4 November 1999 of Justice Lehane, $25,000 be treated as appropriated as security for the twelfth respondent. 8. Rescinds Order 1 of Justice Emmett of 27 June 2005. 9. Orders that the costs of the twelfth respondent's notice of motion be treated as costs in the proceeding. 10. Orders that the matter be listed for hearing commencing 13 March 2006. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.