Cairnsmore Holdings Pty Ltd v Bearsden Holdings Pty Ltd (No. 2) [2007] FCA 2060

FEDERAL COURT OF AUSTRALIA

Cairnsmore Holdings Pty Ltd v Bearsden Holdings Pty Ltd (No. 2) [2007] FCA2060 CAIRNSMORE HOLDINGS PTY LTD (ACN 109 826 404) AS TRUSTEE FOR THE CAIRNSMORE TRUST AND VERNON HOWLAND v BEARSDEN HOLDINGS PTY LTD (ACN 002 836 133) AND JAMES PEARSON HODGE NSD 2183 OF 2005 JACOBSON J

20 December 2007

SYDNEY

NO QUESTION OF PRINCIPLE

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALESDISTRICT REGISTRY NSD 2183 of 2006

BETWEEN: CAIRNSMORE HOLDINGS PTY LTD (ACN 109 826 404) AS TRUSTEE FOR THE CAIRNSMORE TRUST

First Applicant

VERNON HOWLAND

Second Applicant

AND: BEARSDEN HOLDINGS PTY LTD (ACN 002 836 133)

First Respondent

JAMES PEARSON HODGE

Second Respondent JUDGE: Jacobson J DATE OF ORDER: 20 December 2007

WHERE MADE: SYDNEY

THE COURT ORDERS:

1. Judgment for the first applicant against the first respondent for $727,898.03. 2. Judgment for the applicants against the first and second respondents in the sum of $351,835.00 plus interest from 16 July 2005 to date pursuant to Schedule 5 of the Uniform Civil Procedure Rules 2005 (NSW). 3. The judgment for $727,898.03 under Order 1 includes the sum of $351,835.00 plus interest referred to in Order 2, and the first and second respondents are not liable for more than $727,898.03 under both of those judgments. 4. Order 2 made on 29 October 2007 is vacated. 5. The respondents' request for stay of execution of judgment is refused. 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 WALESDISTRICT REGISTRY NSD 2183 of 2006

BETWEEN: CAIRNSMORE HOLDINGS PTY LTD (ACN 109 826 404) AS TRUSTEE OF THE CAIRNSMORE TRUST

First Applicant