Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ecopave Australia Holdings Pty Ltd v Adbri Masonry Group Pty Ltd [2012] FCA 567 Citation: Ecopave Australia Holdings Pty Ltd v Adbri Masonry Group Pty Ltd [2012] FCA 567
Parties: ECOPAVE AUSTRALIA HOLDINGS PTY LTD (ACN 129 893 465) v ADBRI MASONRY GROUP PTY LTD (ACN 055 701 034)
File number: ACD 29 of 2011
Judge: MARSHALL J
Date of judgment: 31 May 2012
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules rr 1.34, 4.01
Cases cited: Ecopave Australia Holdings Pty Ltd v Adbri Masonry Group Pty Ltd [2011] FCA 892 Termi-Mesh Australia Pty Ltd v Josu Manufacturing Pty Ltd [1999] FCA 1241
Date of hearing: 31 May 2012
Place: Melbourne
Division: GENERAL DIVISION
Number of paragraphs: 14
Counsel for the Respondent: Mr E Heerey
Solicitor for the Respondent: Thomsons Lawyers
For the Applicant: Mr E Owerhall appeared for the applicant company for the purposes of seeking dispensation from Order 4.02 of the Rules of Court.
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION ACD 29 of 2011
BETWEEN: ECOPAVE AUSTRALIA HOLDINGS PTY LTD (ACN 129 893 465)
Applicant
AND: ADBRI MASONRY GROUP PTY LTD (ACN 055 701 034)
Respondent
JUDGE: MARSHALL J DATE OF ORDER: 31 MAY 2012 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. Unless the applicant engages a lawyer who files and serves a notice of address for service in accordance with Part 11 of the Rules of Court by 4.00 pm on 28 June 2012, the proceeding stand dismissed. 2. Unless Order 1 is complied with, the applicant pay the respondent's costs of the proceeding, including reserved costs. 3. In the event of compliance with Order 1, the respondent's interlocutory application and the directions hearing is adjourned to 24 July 2012 at 9.00 am. If necessary, a separate hearing on paragraph 2 of the orders sought in that application may be programmed. 4. The respondent's costs of its interlocutory application of 18 May 2012 are reserved. 5. The interlocutory application filed on 21 May 2012 on behalf of the applicant is dismissed with costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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