Huntley Management Limited v Australian Olives Limited [2009] FCA 664

FEDERAL COURT OF AUSTRALIA

Huntley Management Limited v Australian Olives Limited [2009] FCA 664

HUNTLEY MANAGEMENT LIMITED (ACN 089 240 513) v AUSTRALIAN OLIVES LIMITED (ACN 078 885 042)

NSD 346 of 2009

LINDGREN J

5 JUNE 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 346 of 2009

IN THE MATTER OF AUSTRALIAN OLIVES LIMITED (ACN 078 885 042) BETWEEN: HUNTLEY MANAGEMENT LIMITED (ACN 089 240 513)

Plaintiff

AND: AUSTRALIAN OLIVES LIMITED (ACN 078 885 042)

Defendant

JUDGE: LINDGREN J

DATE OF ORDER: 5 JUNE 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The proceeding be stood over to Wednesday 10 June 2009 at 9.30 am for the making of orders. 2. The parties confer with a view to bringing in short minutes on 10 June 2009 of the orders then to be made. 3. The costs of the motion for a stay or dismissal be reserved. 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

NEW SOUTH WALES DISTRICT REGISTRY NSD 346 of 2009

IN THE MATTER OF AUSTRALIAN OLIVES LIMITED (ACN 078 885 042) BETWEEN: HUNTLEY MANAGEMENT LIMITED (ACN 089 240 513)

Plaintiff

AND: AUSTRALIAN OLIVES LIMITED (ACN 078 885 042)

Defendant

JUDGE: LINDGREN J

DATE: 5 JUNE 2009

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 By a notice of motion filed on 14 May 2009, the defendant, Australian Olives Limited (AOL), seeks an order that the proceeding "be permanently stayed and/or struck out", or, in the alternative, an order that the proceeding be stayed until the determination of both proceeding QUD 22/2009 in the Queensland District Registry of this Court (the Queensland Federal Court proceeding) and proceeding 2979/2008 in the District Court of New South Wales (the NSW District Court proceeding).