Anderson Formrite Pty Ltd v Baulderstone Hornibrook Pty Ltd (No. 2)

[2008] FCA 487

FEDERAL COURT OF AUSTRALIA

Anderson Formrite Pty Ltd v Baulderstone Hornibrook Pty Ltd (No. 2) [2008] FCA 487

ANDERSON FORMRITE PTY LTD (ACN 097 507 652) v BAULDERSTONE HORNIBROOK PTY LTD (ACN 002 625 130)

NSD 1272 OF 2007

GRAHAM J
9 APRIL 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1272 OF 2007

BETWEEN:	ANDERSON FORMRITE PTY LTD (ACN 097 507 652) Applicant
AND:	BAULDERSTONE HORNIBROOK PTY LTD (ACN 002 625 130) Respondent

JUDGE:	GRAHAM J
DATE OF ORDER:	9 APRIL 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The time for the provision of security under paragraphs (2) and (3) of the short minutes initialled by Graham J and dated 6 February 2008 be extended, if necessary, to defer compliance with same until 30 April 2008.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1272 OF 2007

BETWEEN:	ANDERSON FORMRITE PTY LTD (ACN 097 507 652) Applicant
AND:	BAULDERSTONE HORNIBROOK PTY LTD (ACN 002 625 130) Respondent

JUDGE:	GRAHAM J
DATE:	9 APRIL 2008
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. Ms Touhill, solicitor, who appears for Anderson Formrite Pty Limited has made an application, ore tenus, for an extension of time within which to comply with paragraphs (2) and (3) of a regime for the provision of security for costs as noted in a short minute initialled by me and dated 6 February 2008.

2. The application is opposed by counsel for the respondent. On one construction of paragraphs (2) and (3), the time for the provision of such security may not arise until after 30 April 2008.  On another construction, the relevant date or dates might arise before 30 April 2008.

3. Mr Anderson, who was present at a case management conference in this matter on Monday, 7 April 2008, has apparently returned to Perth with a view to travelling to the United Kingdom for a period of two weeks.  He is, I think, on the material that was before the Court on 7 April 2008, the principal director of the applicant.  It seems to me in the light of the directions which were given at the conclusion of the case management conference on 7 April 2008 that an extension of time should be granted if necessary.

4. I order that the time for the provision of security under paragraphs (2) and (3) of the short minutes initialled by me and dated 6 February 2008 be extended, if necessary, to defer compliance with same until 30 April 2008.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Graham.

Associate:

Dated:       14 April 2008

Solicitor for the Applicant:	F Touhill of John de Mestre & Co
Counsel for the Respondent:	G K J Rich
Solicitor for the Respondent:	Clayton Utz

Date of Hearing:	9 April 2008
Date of Judgment:	9 April 2008