Assabgy Holdings Pty Ltd v Reeftye Pty Ltd [2005] FCA 1728

FEDERAL COURT OF AUSTRALIA

Assabgy Holdings Pty Ltd v Reeftye Pty Ltd [2005] FCA 1728

Statutes Trade Practices Act 1974 (Cth) s 52

ASSABGY HOLDINGS PTY LTD v REEFTYE PTY LTD, NICOLA RACHAEL PRICE, ROBERT PRICE

QUD 195 of 2005 KIEFEL J BRISBANE 22 NOVEMBER 2005

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD195 OF 2005

BETWEEN: ASSABGY HOLDINGS PTY LTD

(ACN 100 233 798)

APPLICANT

AND: REEFTYE PTY LTD

(ACN 010 956 644)

FIRST RESPONDENT

NICOLA RACHAEL PRICE

SECOND RESPONDENT

ROBERT PRICE

THIRD RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 22 NOVEMBER 2005

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. Paragraphs 28(a) and (c) and the particulars to paragraph 33 of the applicant's Statement of Claim be struck out; 2. The applicant have liberty to re-plead those paragraphs within fourteen (14) days from today's date. 3. The applicant provide discovery in accordance with O 15 r 2 of the Federal Court Rules within twenty-one (21) days; and that the respondents provide discovery fourteen (14) days after the applicant's discovery. 4. The applicant file and serve within thirty (30) days (or such further time as the Court may allow) affidavits setting out the evidence-in-chief of all witnesses intended to be called at trial in support of the applicant's case. 5. The application for security for costs be adjourned to a date to be fixed; 6. The parties attend mediation by a mediator to be agreed by them and failing agreement, by a Court mediator by 31 January 2006; 7. The matter be listed for further directions at 9.45 am on 10 February 2006. 8. The applicant pay the respondent's costs of the Amended Notice of Motion. 9. The Order made on 24 August 2005 in relation to costs be varied by providing that the costs of that hearing be the applicant's costs in the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.