Anderson Formrite Pty Ltd v Baulderstone Hornibrook Pty Ltd (No 3) [2009] FCA 273

FEDERAL COURT OF AUSTRALIA

Anderson Formrite Pty Ltd v Baulderstone Hornibrook Pty Ltd (No 3) [2009] FCA 273

ANDERSON FORMRITE PTY LTD (ACN 097 507 652) v BAULDERSTONE HORNIBROOK PTY LTD (ACN 002 625 130)

NSD 1272 of 2007

GRAHAM J

20 MARCH 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1272 of 2007

BETWEEN: ANDERSON FORMRITE PTY LTD (ACN 097 507 652)

Applicant

AND: BAULDERSTONE HORNIBROOK PTY LTD (ACN 002 625 130)

Respondent

JUDGE: GRAHAM J

DATE OF ORDER: 20 MARCH 2009

WHERE MADE: SYDNEY

THE COURT GRANTS: 1. Leave to the applicant to file in Court a Notice of Motion seeking vacation of the hearing date, dated 20 March 2009 ('the first Notice of Motion'), returnable instanter and an affidavit of Warren Perry Anderson sworn 18 March 2009. 2. Leave to the applicant to file in Court a further Notice of Motion, seeking to set aside a Notice to Produce, dated 20 March 2009 ('the second Notice of Motion'), returnable instanter. 3. Leave to the respondent to file in Court the affidavit of Nicholas Mavrakis sworn 20 March 2009. AND THE COURT ORDERS THAT: 4. The second Notice of Motion filed in Court on 20 March 2009 be dismissed. 5. The applicant pay the respondent's costs of the second Notice of Motion. 6. The hearing dates fixed to commence on 30 March 2009 be vacated. 7. The respondent's costs thrown away as a result of the vacation of the hearing dates be paid by the applicant. 8. The respondent pay the applicant's costs of the first Notice of Motion. 9. The matter stand over for directions at 9:15am on Tuesday 24 March 2009.

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