Tolcher (as Liquidator of Lloyd Scott Enterprises Pty Ltd (In Liq) v Capital Finance Australia Ltd

[2005] FCA 1300

FEDERAL COURT OF AUSTRALIA

Tolcher (as Liquidator of Lloyd Scott Enterprises Pty Ltd (In Liq) v Capital Finance Australia Ltd [2005] FCA 1300

PRACTICE AND PROCEDURE – application for leave to appeal dismissed

Federal Court Rules O 52 r 10(2A)(b)

RAYMOND GEORGE TOLCHER (AS LIQUIDATOR OF LLOYD SCOTT ENTERPRISES PTY LTD (IN LIQUIDATION)) AND LLOYD SCOTT ENTERPRISES PTY LTD (IN LIQUIDATION) v CAPITAL FINANCE AUSTRALIA LTD AND CAPITAL CORPORATE FINANCE LTD

N 979 OF 2004

TAMBERLIN J
SYDNEY
23 MARCH 2005

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 979 OF 2004

BETWEEN:

RAYMOND GEORGE TOLCHER (AS LIQUIDATOR OF LLOYD SCOTT ENTERPRISES PTY LTD
(IN LIQUIDATION))
FIRST APPLICANT

LLOYD SCOTT ENTERPRISES PTY LTD
(IN LIQUIDATION) (ACN 002 739 773)
SECOND APPLICANT

AND:

CAPITAL FINANCE AUSTRALIA LTD
(ACN 069 663 136)
FIRST RESPONDENT

CAPITAL CORPORATE FINANCE LTD
(ACN 002 888 048)
SECOND RESPONDENT

JUDGE:

TAMBERLIN J

DATE OF ORDER:

23 MARCH 2005

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The time limited by O 52 r 10 (2A)(b) of the Federal Court Rules for the filing and service of the Notice of Motion be extended up to and including 21 March 2005.

2.Subject to Order 1, the application is otherwise dismissed with costs.

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	N 979 OF 2004

BETWEEN:

RAYMOND GEORGE TOLCHER (AS LIQUIDATOR OF LLOYD SCOTT ENTERPRISES PTY LTD
(IN LIQUIDATION))
FIRST APPLICANT

LLOYD SCOTT ENTERPRISES PTY LTD
(IN LIQUIDATION) (ACN 002 739 773)
SECOND APPLICANT

AND:

CAPITAL FINANCE AUSTRALIA LTD
(ACN 069 663 136)
RESPONDENT

CAPITAL CORPORATE FINANCE LTD
(ACN 002 888 048)
SECOND RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	23 MARCH 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is a Notice of Motion seeking leave to appeal from a judgment delivered on 18 February 2005 by myself. 

2. I am not persuaded that grounds have been shown for the granting of leave to appeal.  I think that the fragmentation of this proceeding is undesirable and I am not prepared to grant leave.

3. I make Order 1 of the Notice of Motion, namely, that the time limited by O 52 r 10(2A)(b) of the Federal Court Rules for the filing and service of the Notice of Motion is extended up to and including 21 March 2005, however, I refuse the application for leave to appeal in the present case on the basis that it is preferable that the matter proceed to a hearing. 

4. Accordingly, I make Order 1 of the Notice of Motion and I otherwise dismiss the application with costs.

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

Associate:

Dated:             15 September 2005

Counsel for the Applicant:	R Harper SC
Solicitor for the Applicant:	Piper Alderman
Counsel for the Respondent:	M Ashhurst
Solicitor for the Respondent:	Kemp Strang
Date of Hearing:	23 March 2005
Date of Judgment:	23 March 2005