Prudential-Bache Securities (Australia) Ltd v Jacaranda Securities Ltd Prudential-Bache Securities (Australia) Ltd v Caris Ltd

[1998] FCA 1667

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WG 41 of 1998

BETWEEN:

PRUDENTIAL-BACHE SECURITIES (AUSTRALIA) LTD
APPLICANT

AND:

BETWEEN:

AND:

JACARANDA SECURITIES LTD
RESPONDENT

  WG 42 of 1998

PRUDENTIAL-BACHE SECURITIES (AUSTRALIA) LTD
APPLICANT

CARIS LTD
RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	27 NOVEMBER 1998
PLACE:	PERTH

REASONS FOR JUDGMENT
Ex-Tempore Judgment

In the matter of Prudential‑Bache Securities (Australia) Ltd v Caris Ltd WAG 42 of 1998, I am satisfied, on the material which has been placed before me, that the respondent is liable in respect of the amount claimed.  Accordingly, I make orders in accordance with the amended notice of motion for judgment in paragraph 1.  I order that judgment be entered against the respondent pursuant to O 20 of the Federal Court Rules in the amount of $4,868,815.10 together with interest on the outstanding amount at the rate of 10.1 per cent per annum up to and including today to be calculated in accordance with the loan agreement.  I order that the respondent pay the costs of the applicant in this matter. 

In relation to the other matter which is before me; namely, Prudential-Bache Securities (Australia) Ltd v Jacaranda Securities Ltd WAG 41 of 1998, I am also satisfied that the material establishes that the respondent is liable in respect of the amount claimed and evidenced in the affidavits. Accordingly, I make order 1 in accordance with the first paragraph of the amended notice of motion for judgment and I order that judgment be entered against the respondent, Jacaranda Securities Pty Ltd in the amount of  $690,316.05 together with interest thereon at the rate of 8.1 per cent per annum in accordance with the loan agreement.  I order that the respondent should pay the applicant's costs in this matter.

I reserve liberty to apply on two days notice in relation to any matter that might arise in relation to the calculation of the final amount of the judgment in each case.

I certify that this and the preceding one (1) pages are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin

Associate:

Dated:            27 November 1998

Solicitor for the Applicant:	Blake Dawson Waldron
Date of Hearing:	27 November 1998
Date of Judgment:	27 November 1998