Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Optics Online Pty Limited v Sunland Group Limited [2007] FCA 711 OPTICS ONLINE PTY LIMITED v SUNLAND GROUP LIMITED, PRD REALTY PTY LIMITED, MARKUS BUSKEY, CRESTGATE PTY LIMITED, DEL LA PARKER AND GALACOAST PTY LIMITED NSD 1622 OF 2006
ALLSOP J
11 MAY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1622 OF 2006
BETWEEN: OPTICS ONLINE PTY LIMITED
Applicant
AND: SUNLAND GROUP LIMITED
First Respondent
PRD REALTY PTY LIMITED
Second Respondent
MARKUS BUSKEY
Third Respondent
CRESTGATE PTY LIMITED
Fourth Respondent
DEL LA PARKER
Fifth Respondent
GALACOAST PTY LIMITED
Sixth Respondent
JUDGE: ALLSOP J DATE OF ORDER: 11 MAY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
Substituted Service 1. Pursuant to Order 7 Rule 9 of the Federal Court Rules personal service of the subpoena on Peter Giuffre be dispensed with. 2. Pursuant to Order 7 Rule 9 of the Federal Court Rules the fourth and fifth respondents be given leave to effect service of the subpoena, filed in the Federal Court on 22 February 2007, on Peter Giuffre by substituting service in accordance with paragraph 3 of these orders. 3. A copy of the subpoena together with a sealed copy of this order be served on Peter Giuffre (in a sealed envelope) by pre-paid registered post addressed to the following address: (a) "The Ocean Isles" 3/3507 Main Beach Parade, Main Beach Qld 4217. 4. The subpoena be deemed to be served upon Peter Giuffre upon the expiration of 7 days from the date of the events referred to in paragraph 2 of these orders. 5. Peter Giuffre is to attend to producing the subpoena and documents or things to the Registrar, Federal Court of Australia, Law Courts Building, Queen's Square, Sydney within 14 days of service. 6. Service in accordance with this order shall be deemed good and sufficient service of the subpoena on Peter Giuffre. Access to documents produced on subpoena 7. The applicant in the first instance is to have first access for seven days from the date of this order to the documents produced on subpoena by: (a) Lynch & Co Solicitors; (b) McCullough Robertson Lawyers; and (c) Robinson & Robinson Lawyers. 8. Subject to paragraph 7 above and to any claim for privilege made by the applicant, all parties are thereafter to have general access to the documents produced on subpoena by: (a) Lynch & Co Solicitors; (b) McCullough Robertson Lawyers; (c) Robinson & Robinson Lawyers; (d) Harcourts Mermaid Beach. Notice of Motion 9. The first respondent file and serve any notice of motion and serve any affidavit or proposed tender bundle in support of the application by 18 May 2007. 10. The applicant serve any affidavits or proposed tender bundle in response by 25 May 2007. 11. The first respondent's notice of motion be listed for hearing on 18 June 2007 at 10.15. 12. Relevant parties exchange outline of submissions on or before 13 June 2007. 13. The proceedings are stood over for directions to 18 June 2007 at 10.15 am, subject to any party not interested in participating in the motion is excused from attendance until otherwise notified. 14. Directions hearing on 5 July 2007 is vacated. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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