Bluechip Corporation Pty Limited v Northbuild Construction Pty Limited [2007] FCA 646

FEDERAL COURT OF AUSTRALIA

Bluechip Corporation Pty Limited v Northbuild Construction Pty Limited [2007] FCA 646

HIGH COURT AND FEDERAL COURT – Federal Court – procedure and evidence – transfer to other courts BLUECHIP CORPORATION PTY LIMITED v NORTHBUILD CONSTRUCTION PTY LIMITED, ANDREW CORRIGAN AND DUDLEY K WILDE ACD 4 OF 2007

MADGWICK J

23 APRIL 2007

CANBERRA IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 4 OF 2007

BETWEEN: BLUECHIP CORPORATION PTY LIMITED

Applicant

AND: NORTHBUILD CONSTRUCTION PTY LIMITED

First Respondent

ANDREW CORRIGAN

Second Respondent

DUDLEY K WILDE

Third Respondent

JUDGE: MADGWICK J DATE OF ORDER: 23 APRIL 2007

WHERE MADE: CANBERRA

Upon the first respondent and the second respondent undertaking by their counsel to: (a) consent to a removal of the stay of proceedings currently in place in Supreme Court of Queensland proceeding BS 10255 of 2005 (Brisbane Registry); and (b) support any application to a judge of the Supreme Court of Queensland for the separate trial of the question of: (i) whether or not a deed entered into between the applicant and the first respondent on 5 January 2005 limits the obligation of the applicant to pay to the first respondent any particular sum of money; and (ii) what the sum of money is.

THE COURT ORDERS THAT: 1. This application is transferred to the Supreme Court of Queensland at Brisbane. 2. The costs of the proceedings to date be reserved for determination in the Supreme Court of Queensland. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 4 OF 2007