Elderslie Finance Corporation Limited v Newpage Pty Ltd (No 3) [2007] FCA 259

FEDERAL COURT OF AUSTRALIA

Elderslie Finance Corporation Limited v Newpage Pty Ltd (No 3) [2007] FCA 259 ELDERSLIE FINANCE CORPORATION LIMITED AND OTHERS v NEWPAGE PTY LIMITED AND OTHERS NSD 4 of 2007

LINDGREN J

2 MarCH 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 4 OF 2007

BETWEEN: ELDERSLIE FINANCE CORPORATION LIMITED

(ACN 008 678 233)

First Plaintiff

PETER ALEXIS GEORGE

Second Plaintiff

AND: NEWPAGE PTY LIMITED (ACN 087 645 216)

(RECEIVER AND MANAGER APPOINTED)

(IN LIQUIDATION)

Defendant/First Applicant

BARRY KENNETH HAMILTON IN HIS CAPACITY AS

OFFICIAL LIQUIDATOR OF NEWPAGE PTY LIMITED

(ACN 087 645 216) (RECEIVER AND MANAGER APPOINTED) (IN LIQUIDATION)

Second Applicant

CASINO BUSTERS INTERNATIONAL PTY LTD

(ACN 108 453 809)

First Respondent

ROUMALD CHARLES PARSONS

Second Respondent

MARTIN YONG HENG YII

Third Respondent

JUDGE: Lindgren J DATE OF ORDER: 26 FEBRUARY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicant has leave to file in Court an Amended Interlocutory Process. 2. The applicant has leave to file in Court the affidavit of Barry Kenneth Hamilton, sworn 26 February 2007, on the understanding that it will be replaced with the original. 3. The interlocutory application be heard instanter. 4. The interlocutory application be heard ex parte. 5. The applicant is directed to have available on the return date of Thursday 1 March 2007 a draft of a statement of claim against Martin Yong Heng Yii. 6. Upon the applicants and Elderslie Finance Corporation Limited giving to the Court through counsel the undertakings referred to in Schedule A in the form of order annexed, I make the following orders in the form of that order.