Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Walter Rau Neusser Oel und Fett AG v Cross Pacific Trading Ltd [2005] FCA 1309 WALTER RAU NEUSSER OEL UND FETT AG v CROSS PACIFIC TRADING LTD AND ORS NSD 432 of 2005 ALLSOP J 19 SEPTEMBER 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 432 of 2005
BETWEEN: WALTER RAU NEUSSER OEL UND FETT AG
APPLICANT
AND: CROSS PACIFIC TRADING LTD
FIRST RESPONDENT
PATRICK SHUNG WONG
SECOND RESPONDENT
WILLEM JOHAN VAN VLYMEN
THIRD RESPONDENT
ORBIS COMMODITIES PTY LIMITED
FOURTH RESPONDENT
INTERNATIONAL COMTRADE & SHIPPING LIMITED
FIFTH RESPONDENT
RUSSELL ISLAND PLANTATION ESTATES LIMITED
SIXTH RESPONDENT
KAY LITTLE JOHN
SEVENTH RESPONDENT
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
EIGHTH RESPONDENT
JUDGE: ALLSOP J
DATE OF ORDER: 19 SEPTEMBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Order five made on 22 August 2005 be amended to permit application for leave to cross-appeal in the form of the draft notice of cross-appeal provided to the chambers of Allsop J on 26 August 2005.
2. Leave be granted to the respondents to appeal substantially in the form of the said draft notice of cross-appeal.
3. Leave be granted to the applicant to file and serve within seven days a notice of cross-appeal substantially in the form of the said draft notice of cross-appeal.
4. Leave to file and serve any notice to produce be refused.
5. The costs of the application to cross-appeal be costs in the cross-appeal.
6. The applicant to the proceedings pay the costs of the respondents in respect of the application for leave to issue a notice to produce.
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