Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Findlay & Co Stockbrokers (Underwriters) Pty Limited v Carminco Gold & Resources Limited [2007] FCA 499 FINDLAY & CO STOCKBROKERS (UNDERWRITERS) PTY LIMITED ACN 078 379 683 v CARMINCO GOLD & RESOURCES LIMITED (FORMERLY KNOWN AS TRANS PACIFIC MINING LTD) ACN 095 749 670, TRANS PACIFIC MINING LTD ACN 107 393 948 AND RODERICK NEIL SALFINGER NSD 829 OF 2004
COWDROY J
17 APRIL 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 829 OF 2004
BETWEEN: FINDLAY & CO STOCKBROKERS (UNDERWRITERS) PTY LIMITED ACN 078 379 683
Applicant
AND: CARMINCO GOLD & RESOURCES LIMITED (FORMERLY KNOWN AS TRANS PACIFIC MINING LTD) ACN 095 749 670
First Respondent
TRANS PACIFIC MINING LTD ACN 107 393 948
Second Respondent
RODERICK NEIL SALFINGER
Third Respondent
JUDGE: COWDROY J DATE OF ORDER: 17 APRIL 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The third respondent's application to vacate the hearing date is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 829 OF 2004
BETWEEN: FINDLAY & CO STOCKBROKERS (UNDERWRITERS) PTY LIMITED ACN 078 379 683
Applicant
AND: CARMINCO GOLD & RESOURCES LIMITED (FORMERLY KNOWN AS TRANS PACIFIC MINING LTD) ACN 095 749 670
First Respondent
TRANS PACIFIC MINING LTD ACN 107 393 948
Second Respondent
RODERICK NEIL SALFINGER
Third Respondent
JUDGE: COWDROY J
DATE: 17 APRIL 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 On 2 April 2007 the third respondent ('Mr Salfinger') made an oral application to vacate the hearing date fixed to commence on 16 April 2007. Mr Salfinger appeared before the Court on his own behalf, and on behalf of the first and second respondents. 2 The proceedings were listed before the Court on that day for the purpose of hearing a Notice of Motion filed by the applicant seeking various orders. For present purposes it is not necessary to deal with the applicant's Notice of Motion but it is instructive to refer to the orders which have been made in these proceedings to ensure its preparation for hearing.
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