Nunagin Holdings Pty Ltd v Evertop Investments Pty Ltd [2007] FCA 1165

FEDERAL COURT OF AUSTRALIA Nunagin Holdings Pty Ltd v Evertop Investments Pty Ltd [2007] FCA 1165 COSTS – interlocutory proceeding – whether costs should be payable forthwith

Federal Court Rules O 62 r 3

Airservices Australia v Jeppersen Sanderson Inc [2006] FCA 906 followed Shahid v The Australasian College of Dermatologists [2006] FCA 414 applied NUNAGIN HOLDINGS PTY LTD v EVERTOP INVESTMENTS PTY LTD (ACN 091 802 201) AND JAMES ALEXANDER KIDD WAD 308 OF 2006 WILDWEST SPORTS PTY LTD (ACN 063 758 467) v EVERTOP INVESTMENTS PTY LTD (ACN 091 802 201), JAMES ALEXANDER KIDD AND THYE TAN WAD 309 OF 2006 RODNEY KIM CROFT and JANICE ANNE CROFT v EVERTOP INVESTMENTS PTY LTD (ACN 091 802 201), JAMES ALEXANDER KIDD AND THYE TAN WAD 310 OF 2006

NICHOLSON J

6 AUGUST 2007

PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 308 OF 2006

BETWEEN: NUNAGIN HOLDINGS PTY LTD

Applicant

AND: EVERTOP INVESTMENTS PTY LTD

(ACN 091 802 201)

First Respondent

JAMES ALEXANDER KIDD

Second Respondent

JUDGE: NICHOLSON J DATE OF ORDER: 6 AUGUST 2007

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The respondents' notice of motion dated 8 January 2007 be dismissed. 2. The proposed amended statement of claim filed in these proceedings stand as the amended statement of claim and service be dispensed with. 3. Within 14 days of the date of this order the respondents file and serve on the applicant any request for further and better particulars of the amended statement of claim. 4. Within 21 days of receipt of the application for further and better particulars of the amended statement of claim, the applicant file and serve answers or objections thereto. 5. Within 28 days of receipt of the applicant's answer to the respondents' application for further and better particulars of the amended statement of claim the respondents file and serve a defence to the amended statement of claim and any counterclaim. 6. Within 14 days of service of a defence and any counterclaim, the applicant do file and serve any reply and any defence to counterclaim. 7. Within 60 days of service of any reply the applicant and the respondents provide discovery on oath. 8. Within 14 days of discovery, the parties complete inspection. 9. The applicant do pay the respondents' costs of the respondents' notice of motion dated 8 January 2007 including any costs thrown away in relation to the amendment of the statement of claim in any event, to be taxed if not agreed. 10. There be liberty to apply. 11. The costs of these directions be costs in the cause. 12. The matter be set down for a directions hearing in February 2008. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.