Beaumont Consolidated Holdings Pty Ltd v Project & Asset Management Services Pty Ltd

[2007] FCA 1070

FEDERAL COURT OF AUSTRALIA

Beaumont Consolidated Holdings Pty Ltd v Project & Asset Management Services Pty Ltd [2007] FCA 1070

BEAUMONT CONSOLIDATED HOLDINGS PTY LTD AND ANOR v PROJECT & ASSET MANAGEMENT SERVICES PTY LTD & ORS

NSD2317 OF 2005

EMMETT J
12 JULY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD2317 OF 2005

BETWEEN:

BEAUMONT CONSOLIDATED HOLDINGS PTY LTD
First Applicant

TONY BELMONTE
Second Applicant

AND:

PROJECT & ASSET MANAGEMENT SERVICES PTY LTD
First Respondent

NORMAN CLIFFORD BOYLE
Second Respondent

RICHARD LEE WOODS
Third Respondent

JUDGE:	EMMETT J
DATE OF ORDER:	12 JULY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The proceeding be dismissed.

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	NSD2317 OF 2005

BETWEEN:

BEAUMONT CONSOLIDATED HOLDINGS PTY LTD

First Applicant

TONY BELMONTE
Second Applicant

AND:

PROJECT & ASSET MANAGEMENT SERVICES PTY LTD

First Respondent

NORMAN CLIFFORD BOYLE

Second Respondent

RICHARD LEE WOODS
Third Respondent

JUDGE:

EMMETT J

DATE:

12 JULY 2007

PLACE:

SYDNEY

REASONS FOR JUDGMENT

1. This matter is in the docket Conti J, who is due to retire in several weeks’ time.  The matter had been stood over generally pending the outcome of a proceeding in the Supreme Court of New South Wales.  The matter was listed today for the purpose of determining whether the applicants wish to proceed with the matter.  When the matter was called on today, there was no appearance for the applicants.  Mr Morrissey, who appeared for the respondents, indicated that he had been in communication with the former solicitors for the applicants.  Those solicitors indicated to Mr Morrissey that they had informed the applicants of the listing for today.  In the circumstances, it appears that the applicants do not wish to pursue the proceeding.  The respondents ask that the matter be dismissed.  In the circumstances, I propose to accede to that application.

I certify that the preceding one (1) numbered paragraphs is a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:       30 July 2007

The Applicant did not appear.
Solicitor for the First and Third Respondents:	John F. Morrissey & Co
Date of Hearing:	12 July 2007
Date of Judgment:	12 July 2007