Granitgard Pty Ltd ACN 007 427 590 v Termicide Pest Control Pty Ltd ACN 093 837 337 (No 4) [2009] FCA 160

FEDERAL COURT OF AUSTRALIA

Granitgard Pty Ltd ACN 007 427 590 v Termicide Pest Control Pty Ltd ACN 093 837 337 (No 4) [2009] FCA 160

GRANITGARD PTY LTD ACN 007 427 590 v TERMICIDE PEST CONTROL PTY LTD ACN 093 837 337

QUD312 of 2007

LOGAN J

23 FEBRUARY 2009

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD312 of 2007

BETWEEN: GRANITGARD PTY LTD ACN 007 427 590

Applicant

AND: TERMICIDE PEST CONTROL PTY LTD ACN 093 837 337

Respondent

JUDGE: LOGAN J

DATE OF ORDER: 23 FEBRUARY 2009

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Granitgard has leave to reopen its case so as to adduce the evidence contained in the affidavit of Peter Gabriel, filed on 20 February 2009. 2. The application for reopening, insofar as it relates to further evidence from Mr Baverstock beyond that already the subject of leave, is stood over to 9.30am on 2 March 2009. 3. Granitgard is to file and serve, on or before Wednesday, 25 February 2009 at 4pm, a revised précis of evidence in respect of Mr Baverstock. 4. Termicide is to notify the District Registrar in writing, and the solicitors for Granitgard, on or before 4pm on Friday, 27 February 2009, as to whether, having regard to that revised précis and the interlocutory reasons delivered by me on 23 February 2009, the hearing of leave to reopen on 2 March 2009 is necessary. 5. In the event that Termicide signifies to the District Registrar that the hearing on 2 March 2009 is not considered necessary, Granitgard shall have leave to reopen its case so as to adduce the evidence from Mr Baverstock in the revised précis. 6. Costs reserved.

It is further directed that: 1. Granitgard should file and serve, on or before 4pm on 25 February 2009, an affidavit deposing to the circumstances in relation to which the précis, both as filed on the 20 February 2009 and as revised, came to be prepared.