Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
3D Funtimes Limited v Intellec Development Group Pty Ltd [2011] FCA 45 Citation: 3D Funtimes Limited v Intellec Development Group Pty Ltd [2011] FCA 45
Parties: 3D FUNTIMES LIMITED (ACN 118 965 695) v INTELLEC DEVELOPMENT GROUP PTY LTD (ACN 102 696 695)
File number: WAD 348 of 2010
Judge: SIOPIS J
Date of judgment: 3 February 2011
Date of hearing: 31 January 2011
Date of Order: 31 January 2011
Place: Perth
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 26
Counsel for the Applicant: Mr David Thompson
Solicitor for the Applicant: Mr David Thompson
Counsel for the Respondent: The respondent did not appear.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 348 of 2010
BETWEEN: 3D FUNTIMES LIMITED (ACN 118 965 695)
Applicant
AND: INTELLEC DEVELOPMENT GROUP PTY LTD (ACN 102 696 695)
Respondent
JUDGE: SIOPIS J DATE OF ORDER: 31 january 2011 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. Judgment is entered for the applicant on its claim for the delivery up to it of the dies, tooling and other plant and equipment the subject of the respondent's invoices: 1.1 #3 dated 15 October 2006 1.2 #19 dated 28 August 2007 1.3 # 56 dated 26 September 2008 rendered to the applicant ("Tooling"). 2. The respondent shall, by its directors, servants or agents, on 48 hours written notice: 2.1 inform the applicant of the location of all Tooling; 2.2 give the applicant, its servants, agents and contractors access to all premises at which the Tooling is located, at such time or times as the applicant may reasonably require, in order to make arrangements to take possession of, and to take possession of, the Tooling; 2.3 at such time or times allow the applicant to take possession of and remove the Tooling, and do all such things and provide all such facilities as are reasonably necessary to that end. 3. The applicant's notice of motion dated 16 December 2010 is otherwise dismissed. 4. The parties have liberty to apply on 48 hours written notice. 5. Costs 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 Federal Law Search on the Court's website.
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