Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 2) [2012] FCA 794

FEDERAL COURT OF AUSTRALIA

Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 2) [2012] FCA 794 Citation: Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 2) [2012] FCA 794

Parties: PANKAJ OSWAL v IAN MENZIES CARSON, DAVID LAWRENCE MCEVOY AND SIMON GUY THEOBALD (IN THEIR CAPACITIES AS RECEIVERS AND MANAGERS OF BURRUP FERTILISERS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ACN 095 441 151))

File number: WAD 370 of 2011

Judge: SIOPIS J

Date of judgment: 4 April 2012

Date of hearing: 4 April 2012

Place: Perth

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 18

Counsel for the Plaintiff: Mr M Goldblatt

Solicitor for the Plaintiff: Murcia Pestell Hillard

Counsel for the Defendants: Mr M Cooke

Solicitor for the Defendants: Freehills

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 370 of 2011

IN THE MATTER OF BURRUP FERTILISERS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ACN 095 441 151) BETWEEN: PANKAJ OSWAL

Plaintiff

AND: IAN MENZIES CARSON, DAVID LAWRENCE MCEVOY AND SIMON GUY THEOBALD (IN THEIR CAPACITIES AS RECEIVERS AND MANAGERS OF BURRUP FERTILISERS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ACN 095 441 151))

Defendants

JUDGE: SIOPIS J DATE OF ORDER: 4 APRIL 2012 WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The plaintiff is granted leave to re-amend the amended originating process, dated 11 November 2011 in accordance with the terms of the minute of the draft re-amended originating process, attached to the plaintiff's interlocutory application dated 21 March 2012, subject to: (a) the deletion of proposed ground (a); (b) the insertion of the word "proposed" between the words "their" and "resignation" in the proposed ground (h); and (c) the re-numbering and amendment of the minute to accommodate the matters referred to in (a) and (b) above, 2. The directions hearing is adjourned to 11.30 am on 26 April 2012. 3. The matter is to be listed for hearing for 2 days, commencing at 10.15 am on 31 July 2012. 4. The parties have liberty to apply on 48 hours notice. 5. Costs in the interlocutory hearing of 4 April 2012 are reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.