Motor Trades Association of Australia Superannuation Fund Pty Ltd v Rickus [2007] FCA 2117

FEDERAL COURT OF AUSTRALIA

Motor Trades Association of Australia Superannuation Fund Pty Ltd v Rickus [2007] FCA 2117

PRACTICE AND PROCEDURE – Australian Prudential Regulation Authority – leave to intervene

Breen v Williams (1996) 186 CLR 71 cited Pilmer v Duke Group Ltd [2001] HCA 31, 207 CLR 165 cited Save the Ridge Inc v Commonwealth [2005] FCAFC 203, 147 FCR 97 followed MOTOR TRADES ASSOCIATION OF AUSTRALIA SUPERANNUATION FUND PTY LTD AND ANOR v JOHN RICKUS AND ANOR

ACD 36 OF 2007

FLICK J

7 NOVEMBER 2007

CANBERRA

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: 7 NOVEMBER 2007

WHERE MADE: CANBERRA

THE ORDERS OF THE COURT ARE: 1. Leave is granted to the Applicant to further amend their Amended Statement of Claim and the Amended Application. 2. The orders made by Gyles J on 9 October 2007 be vacated. 3. The Applicant pay the costs of the First Respondent of and incidental to today's hearing and the application to further amend the Amended Statement of Claim and the Application. 4. The Australian Prudential Regulation Authority be joined as the Second Respondent to the proceedings. 5. The question of costs insofar as the Second Respondent is concerned is reserved. 6. The Second Respondent file and serve any submissions in support of an application that the Applicant pay its costs no later than 22 November 2007 at 5pm. 7. The Applicant file and serve any submissions in support of an application that the Second Respondent not be entitled to its costs, or an order that those costs be paid forthwith, on or before 23 November 2007 at 4pm. 8. The question as to whether the Applicant should pay the First Respondent its costs on an indemnity basis, and the question as to whether an order should be made under Federal Court Rules O 62, be reserved and heard on 26 November 2007 at 9:30am. 9. The First Respondent file and serve any submissions in support of an application for costs on an indemnity basis, together with an order that those costs be paid forthwith, and an indication as to the quantum of those costs, no later than 22 November 2007 at 5pm. 10. The Applicant file and serve any submissions in opposition to either of those two orders no later that 23 November 2007 at 4pm.