Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Consolidated Byrnes Holdings Ltd ACN 111 052 585 v Hardel Investments Pty Limited ACN 083 267 000 [2008] FCA 1337
CONSOLIDATED BYRNES HOLDINGS LTD ACN 111 052 585 and ALPHA ASSET GROUP PTY LTD ACN 108 722 541 v HARDEL INVESTMENTS PTY LIMITED ACN 083 267 000
NSD 424 of 2008 CONSOLIDATED BYRNES HOLDINGS LIMITED ACN 111 052 585 and ALPHA ASSET GROUP PTY LIMITED ACN 108 722 541 v AVPRI PTY LIMITED ACN 109 814 057 NSD 425 OF 2008
LANDER J
27 AUGUST 2008
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY NSD 424 of 2008
IN THE MATTER OF HARDEL INVESTMENTS PTY LTD ACN 083 267 000 BETWEEN: CONSOLIDATED BYRNES HOLDINGS LTD
ACN 111 052 585
First Plaintiff
ALPHA ASSET GROUP PTY LTD ACN 108 722 541
Second Plaintiff
AND: HARDEL INVESTMENTS PTY LIMITED ACN 083 267 000
Defendant
JUDGE: LANDER J
DATE OF ORDER: 27 AUGUST 2008
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The proceeding be dismissed. 2. The question of costs including the costs thrown away the subject of the order on Monday, 25 August 2008 be reserved. 3. The defendant give notice to any non-party against whom it seeks an order for costs advising: (a) the orders sought; and (b) the basis upon which the orders are sought by identifying the material facts upon which the defendant relies for those orders. 4. The defendant provide a copy of the notice referred to in paragraph 3 hereof to the Chambers of Lander J.
5. The proceeding be adjourned until 9.00 am on Friday, 26 September 2008 to be heard at the same time as proceeding NSD 425 of 2008 and proceeding NSD 584 of 2008. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY NSD 425 of 2008
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