Motor Trades Association of Australia Superannuation Fund Pty Ltd v Rickus [2007] FCA 1878

FEDERAL COURT OF AUSTRALIA

Motor Trades Association of Australia Superannuation Fund Pty Ltd v Rickus [2007] FCA 1878

MOTOR TRADES ASSOCIATION OF AUSTRALIA SUPERANNUATION FUND PTY LTD AND MTAA SUPERANNUATION FUND (DIRECTOR CO) PTY LTD v JOHN RICKUS AND AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY ACD 36 OF 2007

FLICK J

26 NOVEMBER 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 36 OF 2007

BETWEEN: MOTOR TRADES ASSOCIATION OF AUSTRALIA SUPERANNUATION FUND PTY LTD

First Applicant

MTAA SUPERANNUATION FUND (DIRECTOR CO) PTY LTD

Second Applicant

AND: JOHN RICKUS

First Respondent

AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

Second Respondent

JUDGE: FLICK J

DATE OF ORDER: 26 NOVEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS:

1. The First Applicant to pay the taxed costs of the First Respondent forthwith pursuant to Federal Court Rules 1979 (Cth) O 62 r 3(1). 1. The costs of the First Respondent to be paid by the First Applicant on an indemnity basis. 1. The Application by the First Respondent to have those costs assessed by the Court as a gross sum pursuant to Federal Court Rules 1979 (Cth) O 62 r 4(2)(c) is refused. 1. The First Applicant to pay the costs of the Second Respondent. Those costs to be taxed or agreed. 1. Order 1, as made on 7 November 2007 granting leave to amend the existing Statement of Claim and Application, is revoked. 1. The Applicants to file and serve any Application for leave to amend the Amended Application and the Amended Statement of Claim on or before 14 December 2007. 1. The proceedings be stood over to 18 December 2007 at 9:30 am with a view to hearing any motion seeking leave to amend and for further directions. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA