FEDERAL COURT OF AUSTRALIA
Crystal Auburn Pty Ltd v I L Wöllermann Pty Ltd[2004] FCA 821
CRYSTAL AUBURN PTY LTD, MARK CHARLES SIBERAS and KINGSLEY WILLIAM DAVIES v I L WÖLLERMANN PTY LTD (t/as WÖLLERMANN & ASSOCIATES), VALESPRING INVESTMENTS PTY LTD, MACLEAY PTY LTD, ROBIN BRUCE LAURIE and BARBARA JOAN LAURIE
VG 267 of 1998
GOLDBERG J
25 JUNE 2004
MELBOURNE
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
VG 267 of 1998 |
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BETWEEN: |
CRYSTAL AUBURN PTY LTD (ACN 010 226 794) First Applicant/First Cross-Respondent
MARK CHARLES SIBERAS Second Applicant/Second Cross-Respondent
KINGSLEY WILLIAM DAVIES Third Applicant/Third Cross-Respondent
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AND: |
I L WÖLLERMANN PTY LTD (ACN 005 645 134) (t/as WÖLLERMANN & ASSOCIATES) First Respondent
VALESPRING INVESTMENTS PTY LTD (ACN 005 015 421) Second Respondent
MACLEAY PTY LTD (ACN 004 753 280) Third Respondent/Cross-claimant
ROBIN BRUCE LAURIE Fourth Respondent
BARBARA JOAN LAURIE Fifth Respondent
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JUDGE: |
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DATE: |
26 JULY 2004 |
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PLACE: |
MELBOURNE |
CORRIGENDA
In the judgment of Justice Goldberg delivered 25 June 2004, please make the following amendments:
1. Page 30, paragraph 75, second last line
“those for the ended 30 June 1997 …”
The word “year” is to be inserted after the word “the” so as to read:
“those for the year ended 30 June 1997 …”
2. Page 33, paragraph 86, fifth line
“In cross‑examination Mr Lom said that had not included …”
The word “he” is to be inserted after the word “that” so as to read:
“In cross‑examination Mr Lom said that he had not included …”
3. Page 39, paragraph 105, second line
“… he had available to him which concluded information …”
Replace the word “concluded” with the word “included” so as to read:
“… he had available to him which included information …”
4. Page 47, paragraph 123, fourth line, last word
“The applicants claim tis …”
Replace “tis” with the word “this” so as to read:
“The applicants claim this …”
5. Page 49, paragraph 129 last line
“…Benefits Fund of Australia (2002) 122 FCR 455 said at [33]:”
After the citation delete the word “said” so as to read:
“…Benefits Fund of Australia (2002) 122 FCR 455 at [33]:”
6. Page 50, paragraph 132, second dot point, first line
“On 23 December 1997 – $15,000. Mr Siberas said he was that he paid …”
After the words “Mr Siberas said” delete the words “he was” so as to read:
“On 23 December 1997 – $15,000. Mr Siberas said that he paid …”
7. Page 54, paragraph 143, first line, fifth word
“The respondents submitted that failure Crystal Auburn’s failure …”
The fifth word “failure” should be deleted so as to read:
“The respondents submitted that Crystal Auburn’s failure …”
8. Page 58, paragraph 158, first line
“I consider that Mr Siberas and Mr Davies are each be entitled to an award, …”
After the words “are each” delete the word “be” so as to read:
“I consider that Mr Siberas and Mr Davies are each entitled to an award, …”
9. Page 62, paragraph 169, first line
$7,971.88 to 2,800.”
Insert “$” in front of 2,800 so as to read:
$7,971.88 to $2,800.”
10. Page 62, paragraph 171, third last line
“interest on borrowings, stamp duty and bank fees and that this loss …”
Delete the words “ and that” so as to read:
“interest on borrowings, stamp duty and bank fees. This loss …”
EMILY HOWIE
Associate to Justice Goldberg
26 July 2004
