Bucketts Road Business Services Pty Ltd v Phalona Pty Ltd [2007] FCA 1444

FEDERAL COURT OF AUSTRALIA

Bucketts Road Business Services Pty Ltd v Phalona Pty Ltd [2007] FCA 1444

BUCKETTS ROAD BUSINESS SERVICES PTY LTD (ACN 059 943 225), LASTLETO PTY LTD (ACN 075 924 015) AND TALL TIMBERS PTY LTD (ACN 001 197 379) v PHALONA PTY LTD (ACN 084 348 354) AND MARK LEIGH CLIFTON NSD2165 OF 2006

SACKVILLE J

10 SEPTEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD2165 OF 2006

BETWEEN: BUCKETTS ROAD BUSINESS SERVICES PTY LTD (ACN 059 943 225)

First Applicant

LASTLETO PTY LTD (ACN 075 924 015)

Second Applicant

TALL TIMBERS PTY LTD (ACN 001 197 379)

Third Applicant

AND: PHALONA PTY LTD (ACN 084 348 354)

First Respondent

MARK LEIGH CLIFTON

Second Respondent

JUDGE: SACKVILLE J DATE OF ORDER: 10 SEPTEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicants be granted leave nunc pro tunc from 5 January 2007 to proceed against the second respondent in respect of the claim in paragraph 2.1 of the Application. 2. The applicants serve a sealed copy of these Orders and a copy of the Judgment delivered today on the first and second respondents and the second respondent's Trustee in Bankruptcy ('the Trustee') within seven days of today's date. 3. The second respondent and the Trustee file and serve defences in these proceedings within 28 days of today's date. 4. In the event of default by the second respondent and/or the Trustee in compliance with Order 3, the applicants file and serve any motion for summary judgment, together with any additional affidavits on which they propose to rely, within seven days from the date of default. 5. The matter be listed on 25 October 2007 at 9.30 am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.