Sebel Furniture Limited v Acoustic & Felts Pty Limited (No 3) [2009] FCA 322

FEDERAL COURT OF AUSTRALIA

Sebel Furniture Limited v Acoustic & Felts Pty Limited (No 3) [2009] FCA 322

Sebel Furniture Limited v Acoustic & Felts Pty Limited (No 2) [2009] FCA 291 related Sebel Furniture Limited v Acoustic & Felts Pty Limited [2009] FCA 6 related SEBEL FURNITURE LIMITED (ACN 000 378 996) v ACOUSTIC & FELTS PTY LIMITED (ACN 001 636 004)

NSD 1876 of 2008

FOSTER J

1 APRIL 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1876 of 2008

BETWEEN: SEBEL FURNITURE LIMITED (ACN 000 378 996)

Applicant/Cross-Respondent

AND: ACOUSTIC & FELTS PTY LIMITED (ACN 001 636 004)

Respondent/Cross-Claimant

JUDGE: FOSTER J

DATE OF ORDER: 1 APRIL 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave be granted to the applicant to file in Court a Notice of Discontinuance dated 1 April 2009 and to discontinue those claims made in the proceedings described in the said Notice of Discontinuance, being claims numbered 1, 2, 3(d), the first claim numbered 4, the second claim numbered 4, 5, 6, 7 and 8 made in the Amended Application filed in Court on 23 December 2008 (the Amended Application). 2. The applicant pay the costs of the respondent incurred up to and including 24 March 2009 in respect of those claims which are the subject of the discontinuance referred to in order 1 above (including the respondent's costs of the disqualification application) but excluding from this order all costs of and incidental to the interlocutory application determined by the judgment of this Court given on 12 January 2009; all costs incurred to date in respect of the claim set out in subparagraphs 3(a), 3(b) and 3(c) of the Amended Application; and the costs of the Cross-Claim.

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 Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA