KDB Capital Corp v BHP Mitsui Coal Pty Ltd [2007] FCA 1150

FEDERAL COURT OF AUSTRALIA

KDB Capital Corp v BHP Mitsui Coal Pty Ltd [2007] FCA 1150

KDB CAPITAL CORP, C & MERCHANT MARINE CO LTD AND C & SHIPPING CO LTD v BHP MITSUI COAL PTY LTD, BM ALLIANCE COAL OPERATIONS PTY LTD, BM ALLIANCE COAL MARKETING PTY LTD AND CARMEL JACOBSEN NSD 1223 OF 2007

ALLSOP J

27 JULY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1223 OF 2007

BETWEEN: KDB CAPITAL CORP

First Plaintiff

C & MERCHANT MARINE CO LTD

Second Plaintiff

C & SHIPPING CO LTD

Third Plaintiff

AND: BHP MITSUI COAL PTY LTD

First Defendant

BM ALLIANCE COAL OPERATIONS PTY LTD

Second Defendant

BM ALLIANCE COAL MARKETING PTY LTD

Third Defendant

CARMEL JACOBSEN

Fourth Defendant

JUDGE: ALLSOP J

DATE OF ORDER: 27 JULY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The proceeding stand over for directions to 3 March 2008 at 9.30 am. 2. Liberty to apply by any party, including the defendants, on 5 days' notice. 3. The plaintiffs inform the defendants of the existence of the proceedings by providing a copy of the pleadings, or some other appropriate method. 4. If any defendant would wish to activate its rights in these proceedings, notwithstanding that it has not been served, leave is granted for that defendant to approach the Court to activate proceedings, particularly for any stay sought under the New York Convention. 5. At the time of notifying the defendants of the existence of the proceeding, terms of these orders also be made available, together with a settled copy of my reasons. 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 1223 OF 2007