Gerhardt v Godfrey [2007] FCA 1516

FEDERAL COURT OF AUSTRALIA

Gerhardt v Godfrey [2007] FCA 1516

HANS-PETER GERHARDT v MARK GODFREY AND AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY NSD 1801 OF 2007

ALLSOP J

25 SEPTEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1801 OF 2007

BETWEEN: HANS-PETER GERHARDT

Applicant

AND: MARK GODFREY

First Respondent

AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

Second Respondent

JUDGE: ALLSOP J

DATE OF ORDER: 25 SEPTEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The respondents be restrained from any further reliance on the letter sent by the first respondent to the applicant dated 30 May 2007, or on the second letter sent by the second respondent to the Freehills as solicitors for the applicant on 2 August 2007. 2. The second respondent pay the applicant's costs of the proceedings to date, including the costs of today. 3. The matter is stood over for any further hearing on the claim for interlocutory relief to a date to be fixed. 4. On the assumption that the application for interlocutory relief is to be pressed, the applicant file and serve on or before 5 October 2007, written submissions no longer than 10 pages, identifying the arguments in support of the orders contained in the schedule to the reasons of Allsop J delivered on 25 September 2007. 5. If the applicant decides not to press the interlocutory application, the parties have leave to file short minutes of order disposing of the proceedings. If the applicant elects to proceed, such election is to be made by filing submissions within time in accordance with order 4 above. 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 1801 OF 2007