FEDERAL COURT OF AUSTRALIA
Chapman v Luminis Pty Ltd [2001] FCA 1580
THOMAS LINCOLN CHAPMAN and WENDY JENNIFER CHAPMAN and BINALONG PTY LTD (Receivers and Managers appointed in liquidation) v LUMINIS PTY LTD and DEANE JOANNE FERGIE and CHERYL ANNE SAUNDERS and ROBERT EDWARD TICKNER and COMMONWEALTH OF AUSTRALIA
SG 33 of 1997
RD NICHOLSON J
8 NOVEMBER 2001
PERTH (Heard in Adelaide)
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IN THE FEDERAL COURT OF AUSTRALIA |
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SG 33 of 1997 |
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BETWEEN: |
THOMAS LINCOLN CHAPMAN WENDY JENNIFER CHAPMAN
BINALONG PTY LTD (ACN) 007 620 439) (Receivers and Managers appointed in liquidation) APPLICANTS
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AND: |
LUMINIS PTY LTD (ACN 008 027 085) FIRST RESPONDENT
DEANE JOANNE FERGIE SECOND RESPONDENT
CHERYL ANNE SAUNDERS THIRD RESPONDENT
ROBERT EDWARD TICKNER FOURTH RESPONDENT
COMMONWEALTH OF AUSTRALIA FIFTH RESPONDENT
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DATE OF ORDER: |
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WHERE MADE: |
CORRIGENDA
At paragraph 42, line 1 the number “29” is deleted and replaced by the number “27”.
“Annexure B” is deleted and replaced with the following:
“ANNEXURE B
Note: in this schedule “document” includes the original and any copy of a document and any document stored electronically. The word “applicants” includes any one or more of the applicants in the within proceedings.
1. All documents recording any arrangement, agreement or understanding between the applicants and Westpac Banking Corporation whereby Westpac Banking Corporation provided an indemnity or incurred an obligation or gave an assurance to the applicants or their solicitors with respect to payment of solicitor’s costs and disbursements incurred by the applicants in the within proceedings.
2. All documents recording any arrangement, agreement or understanding with Westpac Banking Corporation whereby Westpac Banking Corporation provided an indemnity or incurred an obligation or gave an assurance to the applicants or their solicitors with respect to the payment of costs ordered against the applicants in the within proceedings.
3. All letters, memoranda or records of or containing any report in relation to the within proceedings made by the applicants or their solicitors, accountants or agents to Westpac banking Corporation.
4. All letters, memoranda or records of or containing any report in relation to the within proceedings made by Kebaro Pty. Ltd. or their solicitors, accountants or agents to Westpac Banking Corporation.
5. All documents authorising or recording the authorisation of Thomas Lincoln Chapman or Wendy Jennifer Chapman or both of them to commence or continue the within proceedings on behalf of any other person, group of persons, for the beneficiaries of any trust, or company.
6. All documents wherein Thomas Lincoln Chapman and/or Wendy Jennifer Chapman were requested to bring these proceedings on behalf of Westpac Banking Corporation.
7. All documents whereby the applicants, their solicitors or agent sought authority from Westpac Banking Corporation to make any offer of compromise in relation to the within proceedings.”
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Tania McCaskie
Associate R D Nicholson J
13 November 2001
