Lansell Enterprises Pty Ltd v Kleenmaid Pty Ltd [2006] FCA 1701

FEDERAL COURT OF AUSTRALIA

Lansell Enterprises Pty Ltd v Kleenmaid Pty Ltd [2006] FCA 1701 LANSELL ENTERPRISES PTY LTD (ACN 105 770 992) v KLEENMAID PTY LTD (ACN 001 905 808) and KLEENMAID PTY LTD (ACN 001 905 808) v LANSELL ENTERPRISES PTY LTD (ACN 105 770 992) AND JOHN ROBERT GORDON VID 106 OF 2005

YOUNG J

27 OCTOBER 2006

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 106 OF 2005

BETWEEN: LANSELL ENTERPRISES PTY LTD (ACN 105 770 992)

Applicant

AND: KLEENMAID PTY LTD (ACN 001 905 808)

Respondent

KLEENMAID PTY LTD (ACN 001 905 808)

Cross-Claimant

LANSELL ENTERPRISES PTY LTD (ACN 105 770 992)

First Cross-Respondent

JOHN ROBERT GORDON

Second Cross-Respondent

JUDGE: YOUNG J DATE OF ORDER: 27 OCTOBER 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The respondent/cross-claimant comply with paragraphs 2 and 3 of the order of 8 September 2006 by 4.00 pm on 10 November 2006, failing which: (a) the respondent/cross-claimant's defence and counterclaim be struck out and judgment entered for the applicant/cross-respondents; (b) the respondent/cross-claimant pay the costs of the proceeding of the applicant/cross-respondents. 2. The respondent/cross-claimant file and serve by 10 November 2006 an affidavit which verifies the respondent/cross-claimant's full and complete compliance with paragraphs 2 and 3 of the order of the Court of 8 September 2006. 3. The applicant notify the respondent/cross-claimant's solicitors in writing of any deficiencies in the documents provided yesterday by the respondent/cross-claimant by way of further discovery pursuant to paragraphs 2 and 3 of the order of the Court of 8 September 2006 by 4.00pm on 3 November 2006. 4. The respondent/cross-claimant provide the applicant/first cross-respondent with any electronic copies of the documents and/or classes of documents (as originally maintained) referred to in the orders of 10 February 2006, 6 June 2006 and 8 September 2006. 5. The respondent / cross-claimant file and serve a supplementary list of documents by 10 November 2006, discovering all documents relating to sales made by the respondent's Camberwell store in the period July 2004 to February 2005. 6. On or before 4:00pm on 27 November 2006, the parties file and serve any affidavits in reply and any expert reports upon which they intend to rely. 7. On or before 4:00 pm on 20 December 2006, the parties file and serve any expert reports in reply upon which they intend to rely. 8. On or before 4:00pm on 19 January 2007, the parties file and serve any objections as to the admissibility of any affidavit material. 9. On or before 4:00pm on 27 January 2007, the parties file and exchange their responses to any such objections. 10. On or before 4:00pm on 2 February 2007, the applicant/cross-respondent and second cross-respondent file and serve an outline of contentions of fact and law. 11. On or before 4:00 pm on 14 February 2007, the respondent/cross-applicant file and serve an outline of contentions of fact and law. 12. The applicant/first cross-respondent and the second cross-respondent, in consultation with the respondent/cross-applicant, compile an indexed and paginated Court Book containing current pleadings and particulars, affidavits and a copy of documents that any party will seek to tender at the hearing. Two copies of the Court Book are to be filed no later than 21 days prior to the hearing. 13. The parties file and exchange chronologies no later than 7 days prior to the hearing. 14. Pursuant to Order 62 rule 3(2), the respondent/cross-claimant pay the costs of the applicant/cross-respondents of and incidental to the hearings of 17 March 2006, 6 June 2006, 8 September 2006 and this day, on an indemnity basis, and such costs be taxed forthwith and paid within seven days after taxation. 15. The directions hearing in this matter be adjourned to Friday, 23 February 2007 at 9.30am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA