Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Muc v AON Risk Services Australia Ltd [2007] FCA 1494
KATARINA MUC, DAVID WARD SOMERFIELD, GREGORY HARRISON HEALEY AND JOANNA BROUWER AND PEMPRO PTY LIMITED, TILTDALE PTY LIMITED, STANDCORP PTY LIMITED, DIAMOND PROPERTY PTY LIMITED AND BULWICK PTY LIMITED v AON RISK SERVICES AUSTRALIA LIMITED, CGU INSURANCE LIMITED, VERO INSURANCE LIMITED, GERLING AUSTRALIA INSURANCE CO PTY LIMITED AND ALLIANZ AUSTRALIA INSURANCE LIMITED NSD 2555 OF 2006
ALLSOP J
21 September 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2555 OF 2006
BETWEEN: KATARINA MUC
First Applicant
DAVID WARD SOMERFIELD
Second Applicant
GREGORY HARRISON HEALEY AND JOANNA BROUWER
Third Applicants
PEMPRO PTY LIMITED, TILTDALE PTY LIMITED, STANDCORP PTY LIMITED, DIAMOND PROPERTY PTY LIMITED AND BULWICK PTY LIMITED
Fourth Applicants
AND: AON RISK SERVICES AUSTRALIA LIMITED
First Respondent
CGU INSURANCE LIMITED
Second Respondent
VERO INSURANCE LIMITED
Third Respondent
GERLING AUSTRALIA INSURANCE CO PTY LIMITED
Fourth Respondent
ALLIANZ AUSTRALIA INSURANCE LIMITED
Fifth Respondent
JUDGE: ALLSOP J DATE OF ORDER: 21 SEPTEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Leave be granted to the applicants to amend the existing pleadings by filing a statement of claim in accordance with Annexure "A" to the notice of motion dated 24 August 2007. 2. Leave be granted to the applicants to amend the originating application to reflect the amended statement of claim referred to in 1 above. 3. As a condition of the leave granted in 1 and 2 above, the applicants serve on or before 26 October 2007 statements reflecting all evidence upon which it will rely against the first respondent, including an indexed and paginated bundle of documents. 4. The applicant pay the costs of the first respondent of the proceedings up to 28 August 2007 on a party/party basis, such costs to be payable in any event. 5. Pursuant to Order 62 rule 3(2) and (3), in the absence of agreement such costs be taxed forthwith and be payable upon taxation. 6. The respondents file and serve their defences on or before 12 October 2007. 7. The matter be stood over for directions to 2:30 pm on 16 November 2007. 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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