Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Benson v Carroll [2008] FCA 1729
PETER MICHAEL BENSON and BENSON COMMUNICATIONS PTY LIMITED as trustee for the GRANTHAM PROJECT (TRUST) v ANDREW MICHAEL CARROLL and HOBBS & CARROLL PARTNERSHIP PTY LIMITED as trustee for the HOBBS & CARROLL PROPERTY TRUST
NSD 1249 of 2007
LINDGREN J
6 NOVEMBER 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1249 of 2007
BETWEEN: PETER MICHAEL BENSON
First Applicant
BENSON COMMUNICATIONS PTY LIMITED
as trustee for the GRANTHAM PROJECT (TRUST)
Second Applicant
AND: ANDREW MICHAEL CARROLL
First Respondent
HOBBS & CARROLL PARTNERSHIP PTY LIMITED
as trustee for the HOBBS & CARROLL PROPERTY TRUST
Second Respondent
JUDGE: LINDGREN J
DATE OF ORDER: 6 NOVEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Orders numbered 1 and 3 made on 23 April 2008 be set aside.
2. The applicants pay the respondents' costs of the motion brought by the applicants by notice of motion filed on 22 May 2008.
3. The proceeding be stood over for directions at 10am on Tuesday 25 November 2008.
THE COURT NOTES THAT:
4. On 6 November 2008, the date of the making of these orders, there was listed concurrently with the motion, proceeding NSD 1674 of 2008 for directions, and allowance should be made in the assessment of the costs referred to in order 2 above for the costs that would have been incurred in any event, in association with that directions hearing.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1249 of 2007
BETWEEN: PETER MICHAEL BENSON
First Applicant
BENSON COMMUNICATIONS PTY LIMITED
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