Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Metcash Trading Limited v Bunn (No 2) [2008] FCA 1384
METCASH TRADING LIMITED (ACN 000 031 569), IGA DISTRIBUTION PTY LTD (ACN 004 391 422) and AUSTRALIAN LIQUOR MARKETERS PTY LTD (ACN 002 885 645) v PETER CHADLEY BUNN
SAD 29 OF 2006
LANDER J
2 SEPTEMBER 2008
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 29 OF 2006
BETWEEN: METCASH TRADING LIMITED (ACN 000 031 569)
First Applicant
IGA DISTRIBUTION PTY LTD (ACN 004 391 422)
Second Applicant
AUSTRALIAN LIQUOR MARKETERS PTY LTD
(ACN 002 885 645)
Third Applicant
AND: PETER CHADLEY BUNN
Respondent
JUDGE: LANDER J
DATE OF ORDER: 2 SEPTEMBER 2008
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The respondent's notice of motion of 8 April 2008 be dismissed. 2. The respondent pay the applicants' costs on an indemnity basis. 3. The respondent's application in the notice of motion of 7 March 2008 to amend the respondent's defence in accordance with the document exhibited to his affidavit of 14 May 2008 be dismissed. 4. The respondent pay the applicants' costs on an indemnity basis 5. The applicants be entitled to have a bill of costs taxed in relation to the orders for costs made today, immediately and prior to the principal proceeding being disposed of. 6. The respondent make any application for leave to further amend his amended defence within 21 days, which application must be accompanied by an affidavit exhibiting the proposed amended defence. 7. The respondent provide to the Court a recordable compact disk of all documents referred to in the orders of the Court of 4 May 2007 and all such further electronic records in his possession, custody or power, relevant to the issues in dispute of the respondent within 14 days. 8. The applicants have access to the document referred to in paragraph 7 once it is provided to the Court. 9. The transcript of today's hearing be made available to the respondent. 10. The directions hearing be adjourned to 30 September 2008 at 9.00am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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