Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
North East Equity Pty Ltd v Proud Nominees Pty Ltd (No 3) [2008] FCA 1430
NORTH EAST EQUITY PTY LIMITED (ACN 009 248 819) v PROUD NOMINEES PTY LIMITED (ACN 074 270 938) and DAVID LEWIS PROUD
WAD 58 of 2006
RARES J
2 SEPTEMBER 2008
SYDNEY (BY VIDEO LINK TO PERTH) IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 58 of 2006
BETWEEN: NORTH EAST EQUITY PTY LIMITED (ACN 009 248 819)
Appellant
AND: PROUD NOMINEES PTY LIMITED (ACN 074 270 938)
First Respondent
DAVID LEWIS PROUD
Second Respondent
JUDGE: RARES J DATE OF ORDER: 2 SEPTEMBER 2008
WHERE MADE: SYDNEY (BY VIDEO LINK TO PERTH)
THE COURT ORDERS THAT:
1. The applicant's claim be dismissed. 2. The first respondent's cross-claim be dismissed. 3. The applicant pay the respondents' costs of the proceedings. 4. The first respondent pay the applicant's costs of the cross-claim which may be set off against the costs payable under order 3. 5. Pursuant to O 52 r 15(1)(a)(iii) I extend the time in which a notice of appeal may be filed and served until 21 days after the authenticated reasons for judgment given today are available to the parties. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 58 of 2006
BETWEEN: NORTH EAST EQUITY PTY LIMITED (ACN 009 248 819)
Appellant
AND: PROUD NOMINEES PTY LIMITED (ACN 074 270 938)
First Respondent
DAVID LEWIS PROUD
Second Respondent
JUDGE: RARES J
DATE: 2 SEPTEMBER 2008
PLACE: SYDNEY (BY VIDEO LINK TO PERTH)
REASONS FOR JUDGMENT (REVISED FROM THE TRANSCRIPT) 1 When I delivered my reasons in North East Equity Pty Ltd v Proud Nominees Pty Ltd (No 2) [2008] FCA 1189 I asked the parties to consider them and address the question of final orders which ought be made flowing from them. There are now outstanding these two questions. First, whether I should allow an amendment to the statement of claim so as to permit a further allegation of negligence to be added that Proud Machinery and Mr Proud negligently procured and installed a flume elevator system that was not fit for its purpose of transferring carrots from the brush washers to the diameter sizers. Secondly, how costs should be awarded.
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