Lord v Agreserves Australia Limited ACN 080 646 251 [2006] FCA 598

FEDERAL COURT OF AUSTRALIA

Lord v Agreserves Australia Limited ACN 080 646 251 [2006] FCA 598

PRACTICE AND PROCEDURE – joinder of claims – application by liquidator – claim against defendants for unfair preferences Federal Court Rules – Rule 6 Order 2

Dean-Willcocks v Air Transit International Pty Limited (2002) 55 NSWLR 64 discussed Gloria Marshall Australia Pty Limited (in liq) v Bell Press Pty Limited [2002] NSWSC 1191 referred to JOHN FREDRICK Lord v Agreserves Australia Limited ACN 080 646 251 AND Ors NSD 439 OF 2006 JACOBSON J 11 MAY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD439 OF 2006

BETWEEN: JOHN FREDRICK Lord

PLAINTIFF

AND: Agreserves Australia Limited

FIRST DEFENDANT

AND THE DEFENDANTS LISTED IN THE ATTACHED SCHEDULE

JUDGE: JACOBSON J

DATE OF ORDER: 11 MAY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The 1st Defendant is given leave to file in court the affidavit of Mr Addison sworn 9 May 2006. 2. The plaintiff have leave to discontinue the proceedings against the 7th, 8th, 10th, 24th, 31st, 34th and 38th defendants. 3. Matters NSD442/06 to NSD469/06 and NSD 471/06 to NSD480/06 to be dismissed. 4. The plaintiff be granted leave, nunc pro tunc, to join in the proceedings the remaining defendants listed in the Schedule to the Originating Process under Order 6 rule 2 of the Federal Court Rules. 5. The plaintiff is directed to: (a) to file and serve on or before 14 July 2006 all the evidence upon which it relies on the issue of solvency; and (b) to file and serve on or before 2 June 2006 a statement of claim. 6. The defendants file and serve a defence on or before 18 August 2006. 7. The plaintiff to serve a set of draft directions for the ongoing conduct of the proceedings on each defendant no later than 25 August 2006. 8. If any defendant agrees with the plaintiff's draft directions, either in their original form, or as varied by agreement, there is no obligation on that defendant to appear before the Court at the next hearing date. 9. The proceedings be adjourned until 31 August 2006. 10. The parties are to indicate on all documents filed in the proceedings the identity of the party filing the document in bold uppercase and immediately below the title of the relevant document. 11. Costs to be reserved. THE COURT NOTES THAT: The plaintiff mentions the matter for the 2nd, 3rd and 15th Defendants, who indicate neither support nor resistance to the application and do not wish to take part in proceedings today. The 1st Defendant mentions the matter for the 12th Defendant (The Commonwealth of Australia). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.