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IN THE FEDERAL COURT OF AUSTRALIA |
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BETWEEN: |
commonwealth of australia Applicant
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AND: |
south pacific cruise lines ltd (ACN 076 749 794) first Respondent
Gregory Stephen adams second respondent
cgi financial services pty ltd (acn 072 940 437) third respondent
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DATE OF ORDER: |
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WHERE MADE: |
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THE COURT declares THAT:
1. The first respondent received the sum of $2,235,838.50 as trustee for the applicant on 10 June 1997.
2. The balance of the said sum in an amount of $3,3053.83 has continued to be held on trust by the first respondent since 15 September 1997.
THE COURT ORDERS THAT:
1. The first respondent repay the balance of the said trust monies in the amount of $3,053.83 to the applicant.
2. The first respondent pay damages in the amount of $730,843.17 by way of equitable compensation.
3. The third respondent pay damages in the amount of $733,897.00 by way of equitable compensation.
4. The first and third respondents pay interest on the sum of $733,897.00 in an amount of $41,129.00.
5. The first and third respondents pay the applicant’s costs of these proceedings as against the first and third respondents.
6. The exhibits tendered in the proceedings on 17 October 1997, 22 April 1998 and 27 May 1998 be retained in Court for a period of three months from today.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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BETWEEN: |
Applicant
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AND: |
south pacific CRUISE lines ltd (ACN 076 749 794) first Respondent
Gregory Stephen adams second respondent
cgi financial services pty ltd (acn 072 940 437) third respondent
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JUDGE: |
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DATE: |
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PLACE: |
REASONS FOR JUDGMENT
(Extempore)
In this matter there is no appearance on behalf of the first and third respondents. The evidence which has been tendered in these proceedings was the subject of consideration by myself in proceedings brought for summary judgment against the second respondent on 22 April 1998 and the reasons that I gave on that occasion are sufficient to supply the reasons for the orders which are, in fact, sought on this occasion. I am satisfied that the evidence establishes the right to the relief sought by the applicant. That relief is set out in the short minutes of order which have been handed to me this morning.
I therefore make the following declarations that:-
1. The first respondent received the sum of $2,235,838.50 as trustee for the applicant on 10 June 1997.
2. The balance of the said sum in an amount of $3,3053.83 has continued to be held on trust by the first respondent since 15 September 1997.
I therefore make the following orders that:-
1. The first respondent repay the balance of the said trust monies in the amount of $3,053.83 to the applicant.
2. The first respondent pay damages in the amount of $730,843.17 by way of equitable compensation.
3. The third respondent pay damages in the amount of $733,897.00 by way of equitable compensation.
4. The first and third respondents pay interest on the sum of $733,897.00 in an amount of $41,129.00.
5. The first and third respondents pay the applicant’s costs of these proceedings as against the first and third respondents.
6. The exhibits tendered in the proceedings on 17 October 1997, 22 April 1998 and 27 May 1998 be retained in Court for a period of three months from today.
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I certify that this and the preceding one (1) page are a true copy of the Reasons for Judgment herein of the Honourable Justice Foster. |
Associate:
Dated: 27 May 1998
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Counsel for the Applicant: |
Mr R. Webb |
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Solicitor for the Applicant: |
Australian Government Solicitor |
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No Appearance for the First and Third Respondents |
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Date of Hearing: |
27 May 1998 |
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Date of Judgment: |
27 May 1998 |
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