Consort Express Lines Limited (ARBN 065 374 138) v J-Mac Pty Limited (ACN 055 284 270) [2006] FCA 747

FEDERAL COURT OF AUSTRALIA

Consort Express Lines Limited (ARBN 065 374 138) v J-Mac Pty Limited (ACN 055 284 270) [2006] FCA 747 CONSORT EXPRESS LINES LIMITED (ARBN 065 374 138) v J-MAC PTY LIMITED (ACN 055 284 270) QUD 100 OF 2003 RARES J 24 MAY 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 100 OF 2003

BETWEEN: CONSORT EXPRESS LINES LTD (ARBN 065 374 138)

APPLICANT

AND: J-MAC PTY LIMITED (ACN 055 284 270)

RESPONDENT

JUDGE: RARES J

DATE OF ORDER: 24 MAY 2006

WHERE MADE: SYDNEY

THE COURT:

1 Grants leave to the respondent to file in court:

(a) a notice of withdrawal of defence dated today.

(b) an amended Defence to the further amended Statement of Claim.

2 Orders that there be determined separately and before any other matter, all questions of liability.

3 Orders pursuant to order 2 that there be judgment for the applicant on the issues in the further amended Statement of Claim.

4 Fixes the assessment of damages to take place on 5 June 2006 at 10:15am at Brisbane.

5 Reserves costs.

6 Grants the parties liberty to apply on 24 hours notice.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 100 OF 2003

BETWEEN: CONSORT EXPRESS LINES LTD (ARBN 065 374 138)

APPLICANT

AND: J-MAC PTY LIMITED (ACN 055 284 270)

RESPONDENT

JUDGE: RARES J

DATE: 24 MAY 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT (REVISED FROM THE TRANSCRIPT) 1 In these proceedings a hearing has been fixed, commencing 5 June 2006. Today following earlier indications that it would do so, the respondent has filed a notice of withdrawal of its defence and an amended defence so that, apart from the traverse as to damages provided for in O 11 r 13, there is no issue between the parties that requires further adjudication by the court. 2 In those circumstances it appears to me it would be appropriate to make an order pursuant to O 29 r 2 that all questions of liability be determined separately and in advance of the assessment of damages. I make that order. 3 Having regard to the withdrawal of the defence and the admissions thereby made as to the applicant's claim, I am of opinion that it is appropriate to make an order that there be judgment entered for the applicant on its claim with damages to be assessed. 4 I will, accordingly, make such an order and I will fix the assessment of damages to take place on 5 June 2006 at Brisbane. 5 I reserve costs. 6 I grant leave to the respondent to file in court an amended defence to the further amended statement of claim.