Leighton Contractors Pty Limited ABN 98 000 893 667 v Page Kirkland Management Pty Limited ABN 46 097 111 245 [2005] FCA 1508

FEDERAL COURT OF AUSTRALIA

Leighton Contractors Pty Limited ABN 98 000 893 667 v Page Kirkland Management Pty Limited ABN 46 097 111 245 [2005] FCA 1508 LEIGHTON CONTRACTORS PTY LIMITED ABN 98 000 893 667 v PAGE KIRKLAND MANAGEMENT PTY LIMITED ABN 46 097 111 245 NSD 1340 OF 2004 EMMETT J 21 OCTOBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1340 OF 2004

BETWEEN: LEIGHTON CONTRACTORS PTY LIMITED

ABN 98 000 893 667

APPLICANT

AND: PAGE KIRKLAND MANAGEMENT PTY LIMITED

ABN 46 097 111 245

FIRST RESPONDENT

TYCO AUSTRALIA PTY LIMITED (ABN 0015 399 004) trading as WORMALD FIRE SYSTEMS

(Registration No. H 1974343)

SECOND RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 21 OCTOBER 2005

WHERE MADE: SYDNEY

THE COURT NOTES: 1. The First Respondent's agreement not to pursue further its Notice to Produce issued to the Applicant on 7 September 2005. 2. The Second Respondent's agreement not to pursue further its Notice to Produce issued to the Applicant on 30 August 2005.

THE COURT ORDERS THAT: 1. The Applicant's (Leighton) Notice of Motion filed 7 September 2005 be dismissed. 2. The Second Respondent (Tyco) pay the Leighton's costs of the Motion, filed by Leighton on 11 February 2005 (excluding those costs of the motion concerned with questions of power to issue a Notice to Produce) in so far as costs were incurred on and from 16 February 2005 in relation to Tyco's proposed Notice to Produce and its Notice to Produce dated 15 February 2005. 3. Tyco pay Leighton's costs of Leighton's Notice of Motion filed 7 September 2005 up to and including 17 October 2005, in so far as that Notice of Motion concerned an application to set aside Tyco's Notice to Produce dated 30 August 2005. 4. The First Respondent pay Leighton's costs of Leighton's Notice of Motion filed 7 September 2005 up to and including 19 October 2005, in so far as that Notice of Motion concerned an application to set aside the First Respondent's Notice to Produce dated 7 September 2005. 5. Otherwise, Leighton's costs of the Notice of Motion filed on 7 September 2005 be its costs in the proceeding. 6. The First Respondent file and serve any affidavit evidence by 4 pm on 2 November 2005. 7. The Applicant file and serve any affidavit evidence in reply by 4 pm on 9 November 2005. 8. The Application be listed for directions at 9:30 am on 11 November 2005. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.