Insurance Australia Limited v Motor Traders' Association of New South Wales [2006] FCA 323

FEDERAL COURT OF AUSTRALIA

Insurance Australia Limited v Motor Traders' Association of New South Wales [2006] FCA 323

INSURANCE AUSTRALIA LIMITED v MOTOR TRADERS' ASSOCIATION OF NEW SOUTH WALES, COUNTRY NORTH VEHICLE REPAIRERS INC, JAMES LAURENCE MCCALL, GARY MAMIC and GREG COLI

NSD 2397 OF 2005

EDMONDS J

31 MARCH 2006

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2397 OF 2005

BETWEEN: INSURANCE AUSTRALIA LIMITED

APPLICANT

AND: MOTOR TRADERS' ASSOCIATION OF NEW SOUTH WALES

FIRST RESPONDENT

COUNTRY NORTH VEHICLE REPAIRERS ASSOCIATION INC

SECOND RESPONDENT

JAMES LAURENCE MCCALL

THIRD RESPONDENT

GARY MAMIC

FOURTH RESPONDENT

GREG COLI

FIFTH RESPONDENT

JUDGE: EDMONDS J

DATE OF ORDER: 31 MARCH 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave be granted to the applicant to amend the Amended Application and to amend the Amended Statement of Claim in terms of the draft further amended application and draft further amended statement of claim (but with revised particulars to paragraphs 10, 12, 26 and 30) attached to its Notice of Motion filed on 1 March 2006 (Motion). 2. The respondents pay the applicant's costs of the Motion. The applicant pay the respondents' costs thrown away by reason of the grant of leave in Order 1. 3. The applicant file and serve the Further Amended Application and Further Amended Statement of Claim on or before 3 April 2006. 4. The respondents file and serve their Defences to the Further Amended Statement of Claim on or before 10 April 2006. 5. The parties apply for leave to issue any subpoenas in sufficient time such that those subpoenas for which leave is be granted may be properly returnable before a Registrar on 21 April 2006. 6. Pursuant to O 15 r 5 of the Federal Court Rules the parties give discovery in accordance with O 15 r 2 and r 6 of the Federal Court Rules by serving verified Lists of Documents on or before 21 April 2006. 7. Inspection of discovered documents be completed by 28 April 2006. 8. The applicant file and serve all affidavits (including the report of any expert) upon which it relies on or before 12 May 2006. 9. The respondents file and serve all affidavits (including the report of any expert) upon which they rely on or before 9 June 2006. 10. The applicant file and served all affidavits (including the report of any expert) in reply on or before 23 June 2006. 11. Liberty be granted to restore the matter to the list on two working days' notice. 12. The orders made in: (a) paragraph 1 of the Order dated 7 February 2006; and (b) paragraphs 5, 6 and 7 of the Order made on 13 December 2005 be vacated. 13. The matter be listed for further directions at 9:30 am on 27 June 2006.