Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Day v Mercedes-Benz Australia Pacific Pty Ltd [2011] FCA 454 Citation: Day v Mercedes-Benz Australia Pacific Pty Ltd [2011] FCA 454
Parties: GRAEME DAY, FYSWICK PROPERTIES PTY LTD and CANBERRA STAR MOTORS PTY LTD (IN LIQ) v MERCEDES-BENZ AUSTRALIA PACIFIC PTY LTD
File number: NSD 800 of 2008
Judge: ROBERTSON J
Date of judgment: 6 May 2011
Date of hearing: 5 May 2011
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 17
Counsel for the Applicants: Mr J E Lazarus
Solicitor for the Applicants: C G Gillis & Co
Counsel for the Respondent: Mr D Pritchard SC with Mr P Cutler
Solicitor for the Respondent: Robinson Legal
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 800 of 2008
BETWEEN: GRAEME DAY
First Applicant
FYSWICK PROPERTIES PTY LTD
Second Applicant
CANBERRA STAR MOTORS PTY LTD (IN LIQ)
Third Applicant
AND: MERCEDES-BENZ AUSTRALIA PACIFIC PTY LTD
Respondent
JUDGE: ROBERTSON J DATE OF ORDER: 6 MAY 2011 WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The respondent's notice of motion filed on 29 April 2011 be stood over to 6 June 2011. 2. The orders of Justice Stone made on 21 April 2011 be varied to the extent necessary to allow the respondent to file its defence to the second further amended statement of claim by 6 May 2011 at 4:00 pm. AND THE COURT DIRECTS THAT: 1. The respondent make any application for leave to issue subpoenas directed to matters arising from Mr Brede's affidavit returnable before Justice Robertson on or before 9 May 2011 at 2:15 pm. 2. Any submissions in relation to the costs of the respondent's motion, limited to 2 pages, be filed and served by the respondent on or before 10 May 2011 and by the applicants on or before 12 May 2011. 3. The matter be listed for further directions on 30 May 2011 at 9:30 am. 4. The respondent serve on the applicants the additional material that the respondent proposes to add to the tender bundle in response to Mr Brede's affidavit by 24 May 2011. 5. The respondent file and serve any additional affidavits in response to Mr Brede's affidavit by 24 May 2011. 6. Liberty to apply on 24 hours notice. 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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