Addenbrooke Pty Ltd v Duncan (No 4) [2014] FCA 579

FEDERAL COURT OF AUSTRALIA

Addenbrooke Pty Ltd v Duncan (No 4) [2014] FCA 579 Citation: Addenbrooke Pty Ltd v Duncan (No 4) [2014] FCA 579

Parties: ADDENBROOKE PTY LIMITED ACN 055 973 576 v TRAVERS WILLIAM DUNCAN, PETER GRAY, and SOUTHERN CROSS EQUITIES PTY LTD ACN 071 935 441

File number: NSD 2243 of 2012

Judge: JACOBSON J

Date of judgment: 27 May 2014

Cases cited: Addenbrooke Pty Ltd v Duncan (No 3) [2014] FCA 322

Date of hearing: 27 May 2014

Place: Sydney

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 11

Counsel for the Applicant: Mr FM Douglas QC with Mr G O'Mahoney

Solicitor for the Applicant: Gye & Associates

Counsel for the First Respondent: Mr GES Ng

Solicitor for the First Respondent: Yeldham Price O'Brien Lusk

Counsel for Second and Third Respondents: Mr JAC Potts

Solicitor for Second and Third Respondents: Speed & Stracey Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2243 of 2012

BETWEEN: ADDENBROOKE PTY LIMITED ACN 055 973 576

Applicant

AND: TRAVERS WILLIAM DUNCAN

First Respondent

PETER GRAY

Second Respondent

SOUTHERN CROSS EQUITIES PTY LTD ACN 071 935 441

Third Respondent

JUDGE: JACOBSON J DATE OF ORDER: 27 MAY 2014 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The interlocutory applications filed by: (a) the First Respondent on 22 May 2014; and (b) the Second and Third Respondents on 27 May 2014 be dismissed. 2. The Respondents pay the costs of the interlocutory applications heard on 27 May 2014. 3. The Notice to Produce issued by the Applicant on 23 May 2014 is set aside. 4. The Applicant pay the Second Respondent's costs of the interlocutory application to set aside the Notice to Produce. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.