Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BDT Holdings Pty Ltd v Piscopo (No 2) [2009] FCA 1126
BDT HOLDINGS PTY LTD v SAMUEL PISCOPO
NSD 528 of 2008
RARES J
18 SEPTEMBER 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 528 of 2008
BETWEEN: BDT HOLDINGS PTY LTD
Applicant
AND: SAMUEL PISCOPO
Respondent
JUDGE: RARES J
DATE OF ORDER: 18 SEPTEMBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The respondent/cross-claimant have leave to file and serve an amended cross-claim joining Elena Rose, Vintage Wine & Spirits Limited, Nominee Shareholdings Limited, Vintage Wine & Sprits (Australia) Pty Ltd, Rosehill Wine Corporation Pty Ltd, Helen Walker, The Organic Wine Company of Australia Pty Ltd, Theodore, Rose, Riggs & Associates Pty Ltd and Terry Donald Hill as cross-respondents. 2. The cross-claimant have leave pursuant to O 8 r 3 to serve in New Zealand the application, statement of claim, defence and cross-claim, amended defence and amended cross-claim, with these orders and the reasons for judgment on: (a) Vintage Wine & Spirits Limited and Nominee Shareholdings Limited as cross respondents using any method of service permitted under s 387(1) of the Companies Act 1993 (NZ). (b) Helen Walker by personal service on her. 3. The cross-claimant effect service on the cross respondents to be joined on or before 16 October 2009. 4. Leave be granted to the cross-claimant to file an amended defence and amended cross-claim in substantially the form of the document being annexure B to the affidavit of Samuel Piscopo sworn 24 July 2009. 5. The proceedings stand over to 20 November 2009 for directions. 6. Liberty to apply be granted to any party including any party to be joined on 24 hours notice. 7. The costs of the notice of motion filed on 24 July 2009 be the respondent's/cross-claimant's costs in the proceedings 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
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