Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Murdoch Produce Pty Limited v Enterprise Finance Solutions Pty Ltd [2010] FCA 1201 Citation: Murdoch Produce Pty Limited v Enterprise Finance Solutions Pty Ltd [2010] FCA 1201
Parties: MURDOCH PRODUCE PTY LTD (ACN 086 834 988) and JUSTYN ROSS McGRIGOR v ENTERPRISE FINANCE SOLUTIONS PTY LTD (ACN 101 737 204)
File number: NSD 1499 of 2010
Judge: FOSTER J
Date of judgment: 3 November 2010
Legislation: Trade Practices Act 1974 (Cth), ss 52, 53, 73, 86A(4)
Date of hearing: 3 November 2010
Place: Sydney
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 26
Counsel for the Applicants: Mr A Crossland
Solicitor for the Applicants: Attwood Marshall Lawyers
Counsel for the Respondent: Mr C Carter
Solicitor for the Respondent: SR Law
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1499 of 2010
BETWEEN: MURDOCH PRODUCE PTY LIMITED (ACN 086 834 988)
First Applicant
JUSTYN ROSS MCGRIGOR
Second Applicant
AND: ENTERPRISE FINANCE SOLUTIONS PTY LTD (ACN 101 737 204)
Respondent
JUDGE: FOSTER J
DATE OF ORDER: 3 NOVEMBER 2010
WHERE MADE: SYDNEY
THE COURT:
1. Pursuant to s 86A(4) of the Trade Practices Act 1974 (Cth), ORDERS that proceeding number 24415/10 in the Local Court of New South Wales be transferred to the Federal Court of Australia. 2. ORDERS that the applicants in this proceeding pay the respondent's costs thrown away by the order for transfer made in par 1 above. 3. ORDERS that the costs of the Application made before Foster J on 3 November 2010 be costs in the proceeding in this Court. 4. DIRECTS the applicants to file and serve by 15 November 2010 in the transferred proceeding in the Federal Court of Australia an Application and Statement of Claim in which they set out all claims which they propose to make against Enterprise Finance Solutions Pty Limited, the respondent in this proceeding. 5. DIRECTS the respondent to file and serve by 29 November 2010 its Defence and any Cross-Claim which it proposes to make. 6. DIRECTS the applicants to file and serve any Reply and Defence to Cross-Claim by 9 December 2010. 7. ORDERS that the matter be listed for directions before the docket judge on a date to be notified to the parties. 8. Pursuant to O 72 r 1 of the Federal Court Rules, ORDERS that the transferred proceeding be referred to mediation before the NSW District Registrar of the Federal Court of Australia or such other person as he nominates, such mediation to take place at the same time and as part of the mediation ordered by the Court in proceedings NSD 1069, 1138, 1188, 1192, 1206 and 1207 of 2010. 9. ORDERS that the Mediator so appointed make such directions as he or she considers appropriate for the conduct of the mediation. 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
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate