Coshott v Coshott (No 2)

[2010] FCA 819

FEDERAL COURT OF AUSTRALIA

Coshott v Coshott (No 2) [2010] FCA 819

Citation:		Coshott v Coshott (No 2) [2010] FCA 819
Parties:		JAMES COSHOTT and LJILJANA COSHOTT v ROBERT GILBERT COSHOTT and JOHN CHRISTOPHER BURKE;  JOHN CHRISTOHER BURKE v JAMES COSHOTT, LJILJANA COSHOTT and ROBERT COSHOTT
File number:		NSD 1412 of 2009
Judge:		RARES J
Date of judgment:		30 July 2010
Date of hearing:	30 July 2010
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	6
First Respondent/Third Cross Defendant:	Appeared in person
Counsel for the Second Respondent/Cross Claimant:	J Johnson
Solicitor for the Second Respondent/Cross Claimant:	Sally Nash & Co

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1412 of 2009

BETWEEN:

JAMES COSHOTT
First Applicant

LJILJANA COSHOTT
Second Applicant

AND:

ROBERT GILBERT COSHOTT
First Respondent

JOHN CHRISTOPHER BURKE
Second Respondent

JOHN CHRISTOPHER BURKE
Cross Claimant

JAMES COSHOTT
First Cross Defendant

LJILJANA COSHOTT
Second Cross Defendant

ROBERT COSHOTT
Third Cross Defendant

JUDGE:	RARES J
DATE OF ORDER:	30 JULY 2010
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Pursuant to s 601AH(2) of the Corporations Act 2001 the registration of Schlotzsky’s Nominee Company Pty Limited (A.C.N. 083 330 189) be reinstated.

2.Leave be granted to the cross claimant to join Schlotzsky's Nominee Company Pty Limited as fourth cross respondent to be first cross claim.

3.The cross claimant file and serve an amended first cross claim in the form attached to the notice of motion filed 4 June 2010 on or before 6 August 2010, such service on the fourth cross respondent to be effected by service at its registered office and by service upon the second applicant.

4.Orders that the costs of the notice of motion filed 4 June 2010 and/or thrown away by the amendment be paid by the cross claimant.

5.The applicants and first respondent produce at the Registry original discovered documents for inspection by the second respondent and his solicitor and Counsel, such inspection to occur by 11 August 2010.

6.The applicants and the first respondent to inspect the second respondent’s discovered documents by 11 August 2010 by arrangement with his solicitors at the office of Sally Nash & Co or if preferred, the Court.

7.The respondents to the amended cross appeal file and serve any defences on or before 20 August 2010.

8.The applicants, first respondent and the fourth respondent serve an outline of the evidence of each witness proposed to be called and identify each of the documents they propose to tender on or before 3 September 2010.

9.The second respondent serve an outline of the evidence of each witness he proposes to call and identify each of the documents he proposes to tender on or before 17 September 2010.

10.The first respondent, the fourth respondent and the applicants serve an outline of the evidence of each witness they propose to call in reply and identify any further documents they propose to tender on or before 29 September 2010.

11.Directions for 3 September 2010 be vacated.