Garrett v Foster’s Wine Estates Limited [2007] FCA 253

FEDERAL COURT OF AUSTRALIA

Garrett v Foster's Wine Estates Limited [2007] FCA 253

PRACTICE AND PROCEDURE – setting aside originating process – O 9 r 7 Federal Court Rules – no standing to seek the relief sought Federal Court of Australia Act 1976 (Cth) s 31A Bankruptcy Act 1966 (Cth) s 58 Corporations Act 2001 (Cth) s 206B(3), s 601AB Federal Court Rules O 9 r 7, O 20 r 2

In the Estate of William Just, deceased (No 1) (1973) SASR 508 cited Evajade Pty Ltd v National Australia Bank (No 2) (2005) SASC 229 cited

Ford and Lee, Principles of the Law of Trusts (Thomson Law Book Co, 2006) ANDREW MORTON GARRETT v FOSTER'S WINE ESTATES LIMITED, SUNTORY AUSTRALIA LIMITED, THE ANDREW GARRETT GROUP (PREVIOUSLY TRADING AS THE WINE COMPANY PTY LTD) AND CELLARMASTERS WINES PTY LTD No SAD 12 of 2007

FINN J

2 March 2007

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 12 OF 2007

BETWEEN: ANDREW MORTON GARRETT

Applicant

AND: FOSTER'S WINE ESTATES LIMITED

First Respondent

SUNTORY AUSTRALIA LIMITED

Second Respondent

THE ANDREW GARRETT GROUP (PREVIOUSLY TRADING AS THE WINE COMPANY PTY LTD)

Third Respondent

CELLARMASTERS WINES PTY LTD

Fourth Respondent

JUDGE: FINN J DATE OF ORDER: 2 MARCH 2007

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The originating process in this matter be set aside. 2. The applicant personally pay the first and fourth respondents' costs of the motion. 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 12 OF 2007

BETWEEN: ANDREW MORTON GARRETT

Applicant

AND: FOSTER'S WINE ESTATES LIMITED

First Respondent

SUNTORY AUSTRALIA LIMITED