Labocus Precious Metals Pty Ltd v Thomas [2008] FCA 1910

FEDERAL COURT OF AUSTRALIA

Labocus Precious Metals Pty Ltd v Thomas [2008] FCA 1910

LABOCUS PRECIOUS METALS PTY LTD ACN 113 939 629 and MICHAEL LOCH MCGURK v HUGH CHARLES THOMAS, MILTON ALEXANDER NAYLOR and GLEN ELLWYN NAYLOR

NSD 1125 of 2007

RARES J

2 DECEMBER 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1125 of 2007

BETWEEN: LABOCUS PRECIOUS METALS PTY LTD ACN 113 939 629

First Applicant

MICHAEL LOCH MCGURK

Second Applicant

AND: HUGH CHARLES THOMAS

First Respondent

MILTON ALEXANDER NAYLOR

Second Respondent

GLEN ELLWYN NAYLOR

Third Respondent

JUDGE: RARES J

DATE OF ORDER: 2 DECEMBER 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Orders 1-10 inclusive and Order 12 made on 6 November 2008 be vacated. 2. The money held in Court and lodged by the first respondent on 5 September 2008 in the sum of $80,000.00, together with any interest thereon, be paid out of Court forthwith to the first respondent. 3. Order that the Notice of Motion filed by the applicants on 15 October 2008 be dismissed. 4. The applicants pay the first respondent's costs for the period from 15 October 2008 to 2 December 2008 inclusive (including the first respondent's costs of the applicants' motion filed on 15 October 2008) on an indemnity basis, that is on the basis that the first respondent be indemnified in respect of all costs incurred by the first respondent except insofar as they are of an unreasonable amount or were unreasonably incurred. 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