Workers Compensation Nominal Insurer, in the matter of Ingleside Bricklaying Co Pty Ltd v Ingleside Bricklaying Co Pty Ltd [2016] FCA 1377

FEDERAL COURT OF AUSTRALIA

Workers Compensation Nominal Insurer, in the matter of Ingleside Bricklaying Co Pty Ltd v Ingleside Bricklaying Co Pty Ltd [2016] FCA 1377 File number(s): NSD 1354 of 2016

Judge(s): JAGOT J

Date of judgment: 17 November 2016

Legislation: Federal Court Rules 2011 (Cth) r 39.05

Cases cited: George Ward Steel Pty Ltd v Kizkot Pty Ltd (1989) 15 ACLR 464 Workers Compensation Nominal Insurer, in the matter of Deli Glenbrook Pty Limited (ACN 118 296 325) (2010) FCA 380

Date of hearing: 17 November 2016

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: No Catchwords

Number of paragraphs: 8

Solicitor for the Plaintiff: Ms F Reynolds of TurksLegal

Solicitor for the Defendant: Mr L Ormazabal of BBW Lawyers

ORDERS NSD 1354 of 2016 IN THE MATTER OF INGLESIDE BRICKLAYING CO PTY LTD ACN 608 968 323 BETWEEN: WORKERS COMPENSATION NOMINAL INSURER ABN 83 564 379 108 Plaintiff

AND: INGLESIDE BRICKLAYING CO PTY LTD ACN 608 968 323 Defendant

JUDGE: JAGOT J DATE OF ORDER: 17 NOVEMBER 2016

THE COURT ORDERS THAT:

1. Pursuant to Rule 39.05(a) of the Federal Court Rules 2011 (Cth), orders 1 and 2 of the orders made by the District Registrar at Sydney on 21 September 2016 be set aside. 2. The applicant pay its own costs on the interlocutory process. 3. The originating process filed on 16 August 2016 otherwise be dismissed. 4. Order 3 of the orders made by the District Registrar on 21 September 2016 be varied to "The plaintiff's costs of these proceedings be fixed in the amount of $7,777.02 and be paid by the defendant". Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.