Cairnsmore Holdings Pty Ltd v Bearsden Holdings Pty Ltd [2008] FCA 700

FEDERAL COURT OF AUSTRALIA

Cairnsmore Holdings Pty Ltd v Bearsden Holdings Pty Ltd [2008] FCA 700

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 2006

JACOBSON J

16 MAY 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT 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: 16 MAY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Order 3 made on 20 December 2007 be vacated, and the following be substituted: The judgment for $727,898.03 under Order 1 made on 20 December 2007 against the first respondent includes the judgment against the first respondent for $351,835.00, but not for interest thereon, as referred to in Order 2 made on 20 December 2007. 2. A further Order to be numbered Order 1A, as follows: Judgment for the first applicant against the first respondent for interest on the sum of $52,163.85 (the $52,163.85 forming part of the judgment sum of $727,898.03 referred to in Order 1) from 26 July 2005 to date pursuant to Schedule 5 of the Uniform Civil Procedure Rules 2005 (NSW). 3. Time for respondents to appeal against orders made 20 December 2007 be extended such that any notice of appeal or application for leave to appeal is to be made on or before 6 June 2008. 4. No order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA