Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cribb v Kingsbury [2020] FCA 551 File number: WAD 87 of 2019
Judge: MCKERRACHER J
Date of judgment: 24 April 2020
Legislation: Corporations Act 2001 (Cth) ss 588FE(4), 588FE(6A), 588G
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175
Date of hearing: Determined on the papers
Date of last submissions: 23 April 2020
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: No Catchwords
Number of paragraphs: 16
Counsel for the Plaintiffs: Mr CA Davis
Solicitor for the Plaintiffs: Stacks Law Firm
Counsel for the Defendants: Mr H Paiker
Solicitor for the Defendants: Paiker & Overmeire
ORDERS WAD 87 of 2019
BETWEEN: NEIL RAYMOND CRIBB, AS LIQUIDATOR OF PILBARA BAKERIES PTY LTD (IN LIQUIDATION) ACN 149 201 230 First Plaintiff
PILBARA BAKERIES PTY LTD (IN LIQUIDATION) ACN 149 201 230 Second Plaintiff
AND: JAMES RICHARD KINGSBURY First Defendant
MALAGA PROPERTIES PTY LTD ACN 072 232 869 Second Defendant
JUDGE: MCKERRACHER J DATE OF ORDER: 24 APRIL 2020
THE COURT ORDERS THAT:
1. The Defendants serve an affidavit of Adrian Charles Steven Catlin on or before 7 May 2020. 2. The Plaintiffs serve a list of documents and affidavits to be included in a draft Index on or before 14 May 2020. 3. The Defendants serve a list of documents and affidavits to be included in a draft index to a Court Book by 21 May 2020. 4. The Plaintiffs and Defendants provide their objections to documents and affidavits to be included in the draft index by 28 May 2020. 5. The Plaintiffs prepare, file and serve an index that identifies which documents and affidavits tendered by consent and which documents are objected to and identifying the party making the objection on or before 14 June 2020. 6. The Plaintiffs prepare serve and file a Court Book including the affidavits and documents tendered by consent and those objected to by a party. 7. The Plaintiffs are to file and serve an outline of submissions, chronology and list of authorities on or before 18 June 2020. 8. The Defendants are to file and serve an outline of submissions, chronology and list of authorities on or before 28 June 2020. 9. Objections to documents and affidavits to be ruled on at the trial of the action. 10. The parties have liberty to restore the matter to the list on three days' notice. 11. Costs be in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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