Northern Pastoral Development Company v Banibi Pty Ltd [2011] FCA 610

FEDERAL COURT OF AUSTRALIA

Northern Pastoral Development Company v Banibi Pty Ltd [2011] FCA 610 Citation: Northern Pastoral Development Company v Banibi Pty Ltd [2011] FCA 610

Parties: NORTHERN PASTORAL DEVELOPMENT COMPANY AS TRUSTEE FOR THE ELSEY PASTORAL TRUST v BANIBI PTY LTD

File number: NTD 35 of 2010

Judge: MANSFIELD J

Date of judgment: 24 May 2011

Date of hearing: 24 May 2011

Place: Darwin

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 12

Counsel for the Applicant: A Wyvill SC

Solicitor for the Applicant: Paul Walsh Barrister & Solicitor

Counsel for the Respondent: The Respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY GENERAL DIVISION NTD 35 of 2010

BETWEEN: NORTHERN PASTORAL DEVELOPMENT COMPANY AS TRUSTEE FOR THE ELSEY PASTORAL TRUST

Applicant

AND: BANIBI PTY LTD

Respondent

JUDGE: MANSFIELD J DATE OF ORDER: 24 MAY 2011 WHERE MADE: DARWIN

THE COURT ORDERS THAT:

1. There be summary judgment for the Applicant for its claim in paragraph 1 of the Applicant's application. 2. The Respondent is restrained until 30 September 2011 from mustering or in any way interfering with or attempting to muster any cattle on Elsey Station in the Northern Territory, including any cattle which belong to the Respondent or which the Respondent claims belong to it. 3. The Respondent to pay the Applicant's costs of and incidental to these proceedings including reserved costs to be taxed if not agreed. 4. The sum of $7,500 paid into Court by the Applicant as referred to in paragraph 2 of the Order of 7 March 2011 and any interest which has accrued thereon (but less any taxes, bank fees or charges or costs or fees payable to the Registrar) be paid out to the Applicant. 5. Liberty to the Australian and New Zealand Banking Group Limited or to Banibi Pty Ltd to apply on seven days' notice, and provide that notice by no later than 23 September 2011 in the event that there is a dispute between the Applicant and that Bank (on behalf of the Respondent) concerning the proper allocation of cattle to be mustered on Elsey Station. 6. Direct this order be served upon Permanent Custodians Limited as Trustee under the Master Trust Deed establishing the RURAL Program and Australia and New Zealand Banking Group Limited by forwarding a copy to them by email to sforrest@qld.gadens.com.au within 14 days. 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.