Tidswell Financial Services Limited as Responsible Entity for the Pooled Mortgage Managed Investment Scheme v Sovereign Capital Limited [2009] FCA 582

FEDERAL COURT OF AUSTRALIA

Tidswell Financial Services Limited as Responsible Entity for the Pooled Mortgage Managed Investment Scheme v Sovereign Capital Limited [2009] FCA 582

TIDSWELL FINANCIAL SERVICES LIMITED (ACN 010 810 607) AS RESPONSIBLE ENTITY FOR THE POOLED MORTGAGE MANAGED INVESTMENT SCHEME (ARSN 095 540 597) v SOVEREIGN CAPITAL LIMITED ACN 085 821 218, MARK ASHLEY PARKER, BRUCE FRANCIS SIMMONDS and PETER JOHN BENSON and BRIT UNDERWRITING LIMITED ON ITS OWN BEHALF AND ON BEHALF OF THE UNDERWRITING MEMBERS OF SYNDICATES 2987, 1096 AND 1218 AT LLOYD'S OF LONDON SUBSCRIBING TO POLICY NUMBER 51083V03A

SAD 11 of 2008

BESANKO J

1 JUNE 2009

ADELAIDE (via video link with sydney and brisbane)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 11 of 2008

BETWEEN: TIDSWELL FINANCIAL SERVICES LIMITED (ACN 010 810 607) AS RESPONSIBLE ENTITY FOR THE POOLED MORTGAGE MANAGED INVESTMENT SCHEME (ARSN 095 540 597)

Plaintiff

AND: SOVEREIGN CAPITAL LIMITED ACN 085 821 218

First Defendant

MARK ASHLEY PARKER

Second Defendant

BRUCE FRANCIS SIMMONDS

Third Defendant

PETER JOHN BENSON

Fourth Defendant

AND: BRIT UNDERWRITING LIMITED ON ITS OWN BEHALF AND ON BEHALF OF THE UNDERWRITING MEMBERS OF SYNDICATES 2987, 1096 AND 1218 AT LLOYD'S OF LONDON SUBSCRIBING TO POLICY NUMBER 51083V03A

Third Party

JUDGE: BESANKO J

DATE OF ORDER: 1 JUNE 2009

WHERE MADE: ADELAIDE (via video link with sydney and brisbane)

THE COURT ORDERS THAT:

1. Pursuant to s 48 of the Federal Court of Australia Act 1976 (Cth) and O 10 r 1(2)(f) of the Federal Court Rules, the proceeding between the defendants and the third party in SAD 11 of 2008 be conducted and continued in the New South Wales District Registry of the Federal Court of Australia. 2. The defendants are to pay the third party's costs of the third party's notice of motion dated 15 March 2009, save and except for the hearing on 7 April 2009. 3. The third party is to pay to the defendants one half of their costs of the hearing on 7 April 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