Rangott v Pilor Pty Ltd [2006] FCA 113

FEDERAL COURT OF AUSTRALIA

Rangott v Pilor Pty Ltd [2006] FCA 113 WILLIAM BALFOUR RANGOTT v PILOR PTY LIMITED, JANELLE ROCHE, PIA SERVICES PTY LTD, MAYHEM GAMES PTY LTD, FAIRCHROME PTY LTD, MANO MANAGEMENT PTY LTD, MARK & NOORAINI BLUMER, IPAQ PTY LTD, KEN OWEN, SANETH WEERATNE, CRDT PTY LTD AND AAR INVESTMENTS PTY LTD QUD 137 of 2005 DOWSETT J 10 JANUARY 2006 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 137 OF 2005

BETWEEN: WILLIAM BALFOUR RANGOTT

APPLICANT

AND: PILOR PTY LIMITED

FIRST RESPONDENT

JANELLE ROCHE

SECOND RESPONDENT

PIA SERVICES PTY LTD

THIRD RESPONDENT

MAYHEM GAMES PTY LTD

FOURTH RESPONDENT

FAIRCHROME PTY LTD

FIFTH RESPONDENT

MANO MANAGEMENT PTY LTD

SIXTH RESPONDENT

MARK & NOORAINI BLUMER

SEVENTH RESPONDENT

IPAQ PTY LTD

EIGHTH RESPONDENT

KEN OWEN

NINTH RESPONDENT

SANETH WEERATNE

TENTH RESPONDENT

CRDT PTY LTD

ELEVENTH RESPONDENT

AAR INVESTMENTS PTY LTD

TWELFTH RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 10 JANUARY 2006

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: (1) The applicant file and serve his amended application and statement of claim by 4.00 pm on 20 January 2006, failing which the proceedings against the first, second, third, fourth, fifth, eighth and eleventh respondents will be dismissed. (2) In the event that the applicant fails to file and serve his amended application and statement of claim by 4.00 pm on 20 January 2006 pursuant to order 1 hereof, the applicant is to pay the costs of the first, second, third, fourth, fifth, eighth and eleventh respondents of and incidental to the proceedings, to be taxed on a solicitor and own client basis. (3) The applicant pay the first, second, third, fourth, fifth, eighth and eleventh respondents' costs of and incidental to the hearing on 10 January 2006 on a solicitor and own client basis and that such costs be paid forthwith, notwithstanding that the proceedings are not concluded for the purposes of Order 62 rule 3(2) of the Federal Court Rules. (4) The applicant pay the costs of the first, second and third respondents of and incidental to the motion filed on 14 October 2005 on a solicitor and own client basis and that such costs be paid forthwith, notwithstanding that the proceedings are not concluded for the purposes of Order 62 rule 3(2) of the Federal Court Rules. (5) That the applicant pay the costs of the fourth, fifth, eighth and eleventh respondents of and incidental to their motion filed on 18 August 2005 on a solicitor and own client basis and that such costs be paid forthwith, notwithstanding that the proceedings are not concluded for the purposes of Order 62 rule 3(2) of the Federal Court Rules. (6) The following orders of Federal Magistrate Driver be discharged, namely: par 1 of the order made on 21 July 2004, par 7 of the order made on 30 August 2004, par 2 of the order made on 5 October 2004 and par 7 of the order made on 14 December 2004. (7) That the order contained in par 6 hereof concerning discharge of the orders of Federal Magistrate Driver be suspended until 4.00 pm on 12 January 2006 or other earlier order. (8) The parties have liberty to apply. (9) The trial dates for this matter, namely the weeks commencing 6 and 13 March 2006, be vacated. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.