Universal Holidays Pty Ltd v Tseng [2006] FCA 1833

FEDERAL COURT OF AUSTRALIA

Universal Holidays Pty Ltd v Tseng [2006] FCA 1833

PRACTICE AND PROCEDURE – application for joinder – application dismissed. UNIVERSAL HOLIDAYS PTY LTD v SHU MU TSENG, EVAJADE PTY LTD ACN 007 954 154, STEPHEN JAMES DUNCAN (TRUSTEE IN BANKRUPTCY), PETER IVAN MACKS (TRUSTEE IN BANKRUPTCY) AND BERRINGER BLASS WINE ESTATES LIMITED SAD 5 OF 2006

LANDER J

6 OCTOBER 2006

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 5 OF 2006

BETWEEN: UNIVERSAL HOLIDAYS PTY LTD

Applicant

AND: SHU MU TSENG

First Respondent

EVAJADE PTY LTD ACN 007 954 154

Second Respondent

STEPHEN JAMES DUNCAN (TRUSTEE IN BANKRUPTCY)

Third Respondent

PETER IVAN MACKS (TRUSTEE IN BANKRUPTCY)

Fourth Respondent

BERRINGER BLASS WINE ESTATES LIMITED

Fifth Respondent

JUDGE: LANDER J

DATE OF ORDER: 6 OCTOBER 2006

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The notice of motion filed on 8 June 2006 be dismissed. 2. The oral application of Mr Andrew Garrett to be joined as a respondent in his capacity as a trustee of the Andrew Garrett Family Trust be dismissed. 3. The oral application of Mr Andrew Garrett to be joined as a respondent in his capacity as a trustee of the Andrew Garrett Family Trust No 2 be dismissed. 4. Mr Andrew Garrett pay the costs of the applicant and each other respondent except the second and fifth respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 5 OF 2006

BETWEEN: UNIVERSAL HOLIDAYS PTY LTD

Applicant

AND: SHU MU TSENG

First Respondent

EVAJADE PTY LTD ACN 007 954 154

Second Respondent