Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
GMA Garnet Pty Ltd v Barton International Inc [2008] FCA 1998
GMA GARNET PTY LTD (ACN 009 344 227) and GARNET INTERNATIONAL RESOURCES PTY LTD (ACN 081 244 715) v BARTON INTERNATIONAL INC (ARBN 009 475 138)
WAD 79 of 2007
SIOPIS J
2 DECEMBER 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 79 of 2007
BETWEEN: GMA GARNET PTY LTD (ACN 009 344 227)
GARNET INTERNATIONAL RESOURCES PTY LTD (ACN 081 244 715)
Applicants
AND: BARTON INTERNATIONAL INC (ARBN 009 475 138)
Respondent
JUDGE: SIOPIS J
DATE OF ORDER: 2 DECEMBER 2008
WHERE MADE: PERTH
THE COURT ORDERS THAT:
Applicants' Notice of Motion to Further Re‑Amend the Statement of Claim 1. The Applicants have leave to further amend the Re‑Amended Statement of Claim in terms of the Fourth Minute of Further Re‑Amended Statement of Claim filed on 1 December 2008. 2. The Fourth Minute of Further Re‑Amended Statement of Claim do stand as the Applicants' Further Re‑Amended Statement of Claim and service of the Further Re‑Amended Statement of Claim do be dispensed with. 3. The Applicants pay any costs thrown away by the Respondent by reason of the further amendment of the Re‑Amended Statement of Claim. Respondent's Notice of Motion for a split trial 4. The Respondent's Notice of Motion dated 13 November 2008 be dismissed. 5. The Respondent do pay the Applicants' costs of the Respondent's Notice of Motion dated 13 November 2008. Directions 6. The Respondent do file and serve any amendments to the Further Re‑Amended Defence by 4.00 pm on 23 December 2008. 7. The Applicants do file and serve any Re‑Amended Reply by 4.00 pm 16 January 2009. 8. The Applicants are to file and serve all their witness statements by 4.00 pm on 9 January 2009. 9. The Respondent is to file and serve its witness statements by 4.00 pm on 30 January 2009. 10. The parties have leave to re‑list this matter for directions on 48 hours notice. 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
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