Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lampson (Australia) Pty Limited v Australian Crane and Machinery Pty Limited [2007] FCA 1043 LAMPSON (AUSTRALIA) PTY LIMITED v AUSTRALIAN CRANE AND MACHINERY PTY LIMITED AND AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED NSD 1297 OF 2007
ALLSOP J
9 JULY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1297 OF 2007
BETWEEN: LAMPSON (AUSTRALIA) PTY LIMITED
Plaintiff
AND: AUSTRALIAN CRANE AND MACHINERY PTY LIMITED
First Defendant
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
Second Defendant
JUDGE: ALLSOP J DATE OF ORDER: 9 JULY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. On or before 4.00 pm on Tuesday, 10 July 2007, the first defendant exercise its best endeavours to produce to the solicitors for the plaintiff any copy or copies of the original bills of lading referred to in the affidavit of John Robert Lee sworn 9 July 2007 and provided to the Court in draft on 6 July 2007, being copy or copies containing (if there be any) erasures, interlineations or alterations.
2. If said copy or copies are not produced pursuant to order 1, the first defendant exercise its best endeavours to file and serve on or before 4.15 pm on Tuesday, 10 July 2007 an affidavit explaining why it cannot produce such copies; if production of the affidavit is not possible the first defendant provide an explanation at the adjourned hearing contemplated by order 3.
3. The proceeding stand over to 5.00 pm on Tuesday, 10 July 2007, at which time: (a) the first defendant be in a position to provide an explanation for the non-provision of the original bills of lading to the plaintiff; (b) the parties identify the basis for any arrangement to hold the position pending trial or resolution of the proceeding; (c) failing (b), the plaintiff be in a position to identify what interim orders it seeks; and (d) directions for the conduct of the matter will be made. 4. Liberty to apply on two hours' notice.
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