Consort Express Lines Limited (ARBN 065 374 138) v J-Mac Pty Limited

[2006] FCA 747

FEDERAL COURT OF AUSTRALIA

Consort Express Lines Limited (ARBN 065 374 138) v J-Mac Pty Limited
(ACN 055 284 270)   [2006] FCA 747

CONSORT EXPRESS LINES LIMITED (ARBN 065 374 138) v J-MAC PTY LIMITED (ACN 055 284 270)
QUD 100 OF 2003

RARES J
24 MAY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD 100 OF 2003

BETWEEN:	CONSORT EXPRESS LINES LTD (ARBN 065 374 138) APPLICANT
AND:	J-MAC PTY LIMITED (ACN 055 284 270) RESPONDENT
JUDGE:	RARES J
DATE OF ORDER:	24 MAY 2006
WHERE MADE:	SYDNEY

THE COURT:

1         Grants leave to the respondent to file in court:

(a)       a notice of withdrawal of defence dated today.

(b)       an amended Defence to the further amended Statement of Claim.

2Orders that there be determined separately and before any other matter, all questions of liability.

3Orders pursuant to order 2 that there be judgment for the applicant on the issues in the further amended Statement of Claim.

4Fixes the assessment of damages to take place on 5 June 2006 at 10:15am at Brisbane.

5Reserves costs.

6 Grants the parties liberty to apply on 24 hours notice.

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

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD 100 OF 2003

BETWEEN:	CONSORT EXPRESS LINES LTD (ARBN 065 374 138) APPLICANT
AND:	J-MAC PTY LIMITED (ACN 055 284 270) RESPONDENT

JUDGE:	RARES J
DATE:	24 MAY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(REVISED FROM THE TRANSCRIPT)

1. In these proceedings a hearing has been fixed, commencing 5 June 2006.  Today following earlier indications that it would do so, the respondent has filed a notice of withdrawal of its defence and an amended defence so that, apart from the traverse as to damages provided for in O 11  r 13, there is no issue between the parties that requires further adjudication by the court.

2. In those circumstances it appears to me it would be appropriate to make an order pursuant to O 29 r 2 that all questions of liability be determined separately and in advance of the assessment of damages.  I make that order.

3. Having regard to the withdrawal of the defence and the admissions thereby made as to the applicant's claim, I am of opinion that it is appropriate to make an order that there be judgment entered for the applicant on its claim with damages to be assessed. 

4. I will, accordingly, make such an order and I will fix the assessment of damages to take place on 5 June 2006 at Brisbane.

5. I reserve costs.

6. I grant leave to the respondent to file in court an amended defence to the further amended statement of claim.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Rares.

Associate:

Dated:            15 June 2006

Counsel for the Applicant:	Mr S Thompson SC with Mr T Sullivan
Solicitor for the Applicant:	Thynne & MacCartney
Solicitor for the Respondent:	Colin Biggers & Paisley
Date of Hearing:	24 May 2006
Date of Judgment:	24 May 2006