Forty Two International Pty Limited v Barnes (No 3) [2011] FCA 427

FEDERAL COURT OF AUSTRALIA

Forty Two International Pty Limited v Barnes (No 3) [2011] FCA 427 Citation: Forty Two International Pty Limited v Barnes (No 3) [2011] FCA 427

Parties: FORTY TWO INTERNATIONAL PTY LIMITED ACN 095 622 889, BLUEFREEWAY LIMITED ACN 122 262 819 and THE GANG OF 4 PTY LIMITED ACN 095 624 678 v KIM BARNES and LEE HAWKSLEY

File number(s): NSD 2018 of 2008

Judge: YATES J

Date of judgment: 4 May 2011

Cases cited: Forty Two International Pty Limited v Barnes (No 2) [2011] FCA 210

Date of hearing: 7 March 2011

Date of last submissions: 14 March 2011

Place: Sydney

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 10

Counsel for the Applicants: Mr J Ireland QC with Mr J Cooke

Solicitor for the Applicants: Argyle Lawyers Pty Ltd

Counsel for the Respondents: Mr R Dubler SC with Mr J Emmett

Solicitor for the Respondents: Herbert Geer Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2018 of 2008

BETWEEN: FORTY TWO INTERNATIONAL PTY LIMITED

ACN 095 622 889

First Applicant

BLUEFREEWAY LIMITED ACN 122 262 819

Second Applicant

THE GANG OF 4 PTY LIMITED ACN 095 624 678

Third Applicant

AND: KIM BARNES

First Respondent

LEE HAWKSLEY

Second Respondent

JUDGE: YATES J DATE OF ORDER: 16 MARCH 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Each respondent provide by way of additional discovery a list of documents in accordance with O 15 r 6 comprising documents in the following category: For the period 1 October 2006 to 31 January 2008 all bank statements or other documents recording: (a) receipt of moneys by either of the respondents from the second applicant pursuant to: (i) the SPA (ii) the Exit Agreement; and (b) disbursements of those moneys from the account into which they were received by either respondent to any other account or payee. 2. Each applicant provide by way of additional discovery a list of documents in accordance with O 15 r 6 comprising documents in the following categories: In relation to Forty Two International board meetings between 1 January 2007 and 31 March 2008, all agenda, minutes, board papers and other documents placed before the Board at meetings that refer to any communications, negotiations or agreements between any directors or officers of the second applicant and Mr Dhillon of CMUK. and In relation to Bluefreeway board meetings between 18 October 2006 and 31 March 2008, all agenda, minutes, board papers and other documents placed before the Board at meetings that refer to any communications, negotiations or agreements between any directors or officers of the second applicant and Mr Dhillon of CMUK. 3. In each case, the list of documents be served by 28 March 2011 and inspection take place by 12 April 2011. 4. The respondents' notice of motion filed on 16 February 2011 (the respondents' notice of motion) be otherwise dismissed. 5. There be no order as to costs in relation to the respondents' notice of motion. 6. The respondents pay the applicants' costs of the applicants' notice of motion filed on 11 February 2011. 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.