Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Asquith Rugby League Club Ltd v Capital Finance Australia Ltd [2012] FCA 1324 Citation: Asquith Rugby League Club Limited v Capital Finance Australia Limited [2012] FCA 1324
Parties: ASQUITH RUGBY LEAGUE CLUB LIMITED (ACN 000 610 542) and SELLHARBOUR WORKERS' CLUB LIMITED (ACN 001 068 864) v CAPITAL FINANCE AUSTRALIA LIMITED (ACN 069 663 136)
File number: NSD 1198 of 2010
Judge: JACOBSON J
Date of judgment: 21 November 2012
Legislation: Federal Court of Australia Act 1976 (Cth), ss 33V, 33ZB, 50 Trade Practices Act 1974 (Cth), s 46
Cases cited: Brisbane Broncos Leagues Club Ltd v Alleasing Finance Australia Pty Ltd (No 2) [2012] FCA 1112
Date of hearing: 21 November 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 12
Counsel for the Applicants: Mr AJ Abadee
Solicitor for the Applicants: Slater & Gordon
Counsel for the Respondent: Mr BJ Lee SC with Ms A Rao
Solicitor for the Respondent: Kemp Strang
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1198 of 2010
BETWEEN: ASQUITH RUGBY LEAGUE CLUB LIMITED (ACN 000 610 542)
First Applicant
SELLHARBOUR WORKERS' CLUB LIMITED (ACN 001 068 864)
Second Applicant
AND: CAPITAL FINANCE AUSTRALIA LIMITED (ACN 069 663 136)
Respondent
JUDGE: JACOBSON J DATE OF ORDER: 21 NOVEMBER 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to s 33ZB of the Federal Court of Australia Act (the Act), the persons affected and bound by these orders be the Applicants, the Respondent, the Cross-respondents, and the Group Members at the date of this Order. 2. In respect of the Applicants' claims (on behalf of themselves and on behalf of group members), judgment for the Respondent. 3. In respect of the cross-claim, judgment for the cross-claimant against the: (a) first cross-respondent in the amount of $225,830.71; (b) second cross-respondent in the amount of $179,155.71; (c) third cross-respondent in the amount of $280.356.77; (d) fourth cross-respondent in the amount of $114,010.14; (e) fifth cross-respondent in the amount of $84,383.55; (f) sixth cross-respondent in the amount of $84,417.20; 4. All costs orders made to date in the proceedings (including the cross-claim) be vacated. 5. The Parties are to bear their own costs of the proceedings (including the cross-claim). 6. Pursuant to s 50 of the Act the Affidavit of Van Angelo Moulis sworn 19 November 2012 (including all exhibits) that was delivered to the Court in a sealed envelope (Confidential Affidavit) not be published to any person without further order of the Court and be sealed on the Court file in an envelope marked "Not to be opened except by leave of the Court or a Judge". Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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