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