Macks, in the matter of Addstone Pty Ltd (in liq)

[2000] FCA 333

FEDERAL COURT OF AUSTRALIA

Macks, in the matter of Addstone Pty Ltd (in liq) [2000] FCA 333

SG 3080 of 1995        IN THE MATTER OF ADDSTONE PTY LTD
  (IN LIQUIDATION) ACN 010 764 977; PETER IVAN MACKS

SG 3075 of 1995        IN THE MATTER OF ELIZABETH HOUSE PTY LTD
  ACN 007 548 487; PETER IVAN MACKS

SG 3057 of 1995        IN THE MATTER OF ROCLIN PTY LTD
  ACN 007 841 161; PETER IVAN MACKS

SG 3050 of 1995        IN THE MATTER OF HENDON INDUSTRIAL PARK PTY LTD
  ACN 007 890 708; PETER IVAN MACKS

SG 3074 of 1995        IN THE MATTER OF SAYER PROPERTIES PTY LTD
  ACN 007 714 927; PETER IVAN MACKS

SG 3076 of 1995        IN THE MATTER OF EMANUEL (SOUTH AUSTRALIA)

PTY LTD   ACN 007 963 466; PETER IVAN MACKS

SG 3077 of 1995        IN THE MATTER OF HONDEL PTY LTD
  ACN 007 901 144; PETER IVAN MACKS

SG 3078 of 1995        IN THE MATTER OF WORANDO PTY LTD
  ACN 007 511 739; PETER IVAN MACKS

SG 3079 of 1995        IN THE MATTER OF LIBRA PTY LTD
  ACN 007 588 490; PETER IVAN MACKS

SG 3124 of 1995        IN THE MATTER OF ESTABLISHMENT HOLDINGS

PTY LTD   ACN 007 736 218; PETER IVAN MACKS

MANSFIELD J
7 MARCH 2000
DARWIN

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

SG 3080 of 1995	IN THE MATTER OF ADDSTONE PTY LTD (IN LIQUIDATION) ACN 010 764 977
PETER IVAN MACKS Applicant

SG 3075 of 1995	IN THE MATTER OF ELIZABETH HOUSE PTY LTD ACN 007 548 487
PETER IVAN MACKS Applicant

SG 3057 of 1995	IN THE MATTER OF ROCLIN PTY LTD ACN 007 841 161
PETER IVAN MACKS Applicant

SG 3050 of 1995	IN THE MATTER OF HENDON INDUSTRIAL PARK PTY LTD ACN 007 890 708
PETER IVAN MACKS Applicant

SG 3074 of 1995	IN THE MATTER OF SAYER PROPERTIES PTY LTD ACN 007 714 927
PETER IVAN MACKS Applicant

SG 3076 of 1995	IN THE MATTER OF EMANUEL (SOUTH AUSTRALIA) PTY LTD ACN 007 963 466
PETER IVAN MACKS Applicant

SG 3077 of 1995	IN THE MATTER OF HONDEL PTY LTD ACN 007 901 144
PETER IVAN MACKS Applicant

SG 3078 of 1995	IN THE MATTER OF WORANDO PTY LTD ACN 007 511 739
PETER IVAN MACKS Applicant

SG 3079 of 1995	IN THE MATTER OF LIBRA PTY LTD ACN 007 588 490
PETER IVAN MACKS Applicant

SG 3124 of 1995	IN THE MATTER OF ESTABLISHMENT HOLDINGS PTY LTD ACN 007 736 218
PETER IVAN MACKS Applicant

JUDGE:	MANSFIELD J
DATE:	7 MARCH 2000
PLACE:	DARWIN

REASONS FOR DECISION

1. On 1 March 2000, I gave reasons for decision that in these various matters the Court did not have jurisdiction.  I made orders to that effect, subject to those orders being stayed for a period of fourteen days, with liberty to apply to vary or discharge those orders within that time.  The orders were made on the oral application of Peter Ivan Macks (“Mr Macks”) in the circumstances set out in the reasons for decision.

2. Mr Macks has now exercised the liberty to apply.  He no longer maintains his oral application for those orders in respect of all proceedings other than the proceedings in SG 3080 of 1995.  It is his submission that those proceedings were effectively completed and that the orders which he sought were simply unnecessary.  Counsel for Mr Macks has informed me today that the proceedings in the High Court, to which I referred in my reasons given on 1 March 2000, have not progressed in any way of which his client, who is the eighth respondent named in those proceedings, is aware.  In that circumstance, and as it was his application for those orders, and in the light of further submissions which have been made, I propose to accede to the request that the orders made on 1 March 2000 in all matters, other than in matter SG 3080 of 1995 be vacated.  I so order.

3. In matter SG 3080 of 1995, Mr Macks also seeks that the orders made on 1 March 2000 be vacated.  He submits that, apart from a notice of motion dated 25 May 1998, those proceedings also had been completed.  He seeks an order that only the notice of motion of 25 May 1998 be stayed.  He does so on the same basis as his application in respect of the other proceedings.  On that basis, I am prepared to accede to the request.  Accordingly I vacate the orders made on 1 March 2000 in matter SG 3080 of 1995, and in lieu I make an order that the application of the applicant by notice of motion dated 25 May 1998 be stayed.

4. I previously directed that the orders made on 1 March 2000 be stayed for a period of fourteen days with liberty to apply.  That order in that proceeding was more widely expressed than the order I am now asked to make.  I do not see why that period of the stay, the reasons for which I referred to on 1 March 2000, should be any longer than the time first fixed.  In matter SG 3080 of 1995, for the reasons given, I accordingly order:

   (1)that the orders made on 1 March 2000 be vacated;

   (2)that the application of the applicant by notice of motion dated 25 May 1998 be stayed;

   (3)that par 2 of this order be stayed until 15 March 2000, or such further period as the Court may order upon the application of Mr Macks or Mr Saint made prior to 15 March 2000;

   (4)liberty to Mr Macks and Mr Saint to apply on short notice to the Court to vary or discharge these orders.

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

Associate:

Dated:             23 March 2000

Counsel for the Applicant:	Mr M Blue
Solicitors for the Applicant:	Ward & Partners
Date of Hearing: (Heard via video link-up between Adelaide and Darwin)	7 March 2000
Date of Decision:	7 March 2000