Donald Financial Enterprises Pty Ltd v APIR Systems Ltd (No. 2) [2008] FCA 1269

FEDERAL COURT OF AUSTRALIA

Donald Financial Enterprises Pty Ltd v APIR Systems Ltd (No. 2) [2008] FCA 1269

Whitaker v Commissioner of Taxation (1998) 82 FCR 261 referred to DONALD FINANCIAL ENTERPRISES PTY LIMITED v APIR SYSTEMS LIMITED, ANDREW HUTCHINGS BROSO, ANDREW RILEY, MAUREEN CANE, DAVID MCGREGOR and NOEL WICKS; APIR SYSTEMS LIMITED v DONALD SHARP and DONALD FINANCIAL ENTERPRISES PTY LIMITED AS TRUSTEE FOR THE ELYSUM TRUST

NSD 1200 of 2004

EDMONDS J

20 AUGUST 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1200 of 2004

BETWEEN: DONALD FINANCIAL ENTERPRISES PTY LIMITED

AND: Applicant

APIR SYSTEMS LIMITED

First Respondent

ANDREW HUTCHINGS BROSO

Second Respondent

ANDREW RILEY

Third Respondent

MAUREEN CANE

Fourth Respondent

DAVID MCGREGOR

Fifth Respondent

NOEL WICKS

Sixth Respondent

AND BETWEEN: APIR SYSTEMS LIMITED

Cross-Claimant

DONALD SHARP

First Cross-Respondent

DONALD FINANCIAL ENTERPRISES PTY LIMITED AS TRUSTEE FOR THE ELYSUM TRUST

Second Cross-Respondent

JUDGE: EDMONDS J

DATE OF ORDER: 20 AUGUST 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The motion for the vacation of Orders 6, 7 and 8 made on 30 July 2008 is dismissed. 2. Liberty for either party to apply for the motion to be re-listed at a mutually convenient date to all parties and the Court. 3. The respondents pay the applicant's costs of opposing the motion to date. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA