Pedra Holdings Pty Ltd v Westfield Shoppingtown Carousel Pty Ltd [2006] FCA 205

FEDERAL COURT OF AUSTRALIA

Pedra Holdings Pty Ltd v Westfield Shoppingtown Carousel Pty Ltd [2006] FCA 205 Corporations Act 2001 (Cth) s 1335

Yandil Holdings Pty Ltd v Insurance Co of North America (1985) 3 ACLC 542

PEDRA HOLDINGS PTY LTD, MYRAN HOLDINGS PTY LTD, HENRY AVELING and MARIANNE AVELING v WESTFIELD SHOPPINGTOWN CAROUSEL PTY LTD, PT LIMITED, CPM (WA) PTY LTD and CPT MANAGER LIMITED

WAD 104 of 2005

NICHOLSON J

3 MARCH 2006

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 104 OF 2005

BETWEEN: PEDRA HOLDINGS PTY LTD

ACN 064 183 222

FIRST APPLICANT

MYRAN HOLDINGS PTY LTD

ACN 009 105 408

SECOND APPLICANT

HENRY AVELING

THIRD APPLICANT

MARIANNE AVELING

FOURTH APPLICANT

AND: WESTFIELD SHOPPINGTOWN CAROUSEL PTY LTD

ACN 060 037 621

FIRST RESPONDENT

PT LIMITED

ACN 004 454 666

SECOND RESPONDENT

CPM (WA) PTY LTD

ACN 079 927 272

THIRD RESPONDENT

CPT MANAGER LIMITED

ACN 054 494 307

FOURTH RESPONDENT

JUDGE: NICHOLSON J

DATE OF ORDER: 3 MARCH 2006

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The sole director/shareholder of the first applicant, Mr Alan Duncan, furnish a written undertaking to the Court that: (a) he will be personally responsible for the payment of any costs awarded to the first and second respondents against the first applicant to the amount of $50 000or provide a bank guarantee in the same amount in a form acceptable to the Registrar, (b) he will not deal with, encumber or dispose of his assets referred to in his affidavit of 18 November 2005 without the leave of the Court, provided if Mr Duncan furnishes a bank guarantee, this paragraph (b) shall not take effect. 2. The sole director/shareholder of the first applicant, Mr Alan Duncan, furnish a written undertaking to the Court that: (a) he will be personally responsible for the payment of any costs awarded to the third and fourth respondents against the first applicant to the amount of $50 000 or provide a bank guarantee in the same amount in a form acceptable to the Registrar, (b) he will not deal with, encumber or dispose of his assets referred to in his affidavit of 18 November 2005 without the leave of the Court, provided if Mr Duncan furnishes a bank guarantee, this paragraph (b) shall not take effect. 3. The proceedings of the first applicant be stayed pending provision of the undertaking or bank guarantee in accordance with orders 1 and 2. 4. The notice of motion of the first and second respondents dated 3 February 2005 and the re-amended notice of motion of the third and fourth respondents dated 21 December 2004 be otherwise dismissed. 5. The first applicant pay the costs of the first and second respondents and the third and fourth respondents on the notice of motion and re-amended notice of motion respectively. 6. (a) The respondents file and serve any written submissions on outstanding costs within 10 days. (b) The applicants file and serve any written submissions in response within 10 days of such service. (c) The respondents file and serve any written submissions in reply within a further 7 days of service. 7. The matter be listed for directions on 14 March 2006 at 9:15 am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.