FEDERAL COURT OF AUSTRALIA
Consort Express Lines Limited (ARBN 065 374 138) v J-Mac Pty Limited
(ACN 055 284 270) [2006] FCA 747
CONSORT EXPRESS LINES LIMITED (ARBN 065 374 138) v J-MAC PTY LIMITED (ACN 055 284 270)
QUD 100 OF 2003
RARES J
24 MAY 2006
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
QUD 100 OF 2003 |
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BETWEEN: |
CONSORT EXPRESS LINES LTD (ARBN 065 374 138) APPLICANT
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AND: |
J-MAC PTY LIMITED (ACN 055 284 270) RESPONDENT
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JUDGE: |
RARES J |
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DATE OF ORDER: |
24 MAY 2006 |
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WHERE MADE: |
SYDNEY |
THE COURT:
1 Grants leave to the respondent to file in court:
(a) a notice of withdrawal of defence dated today.
(b) an amended Defence to the further amended Statement of Claim.
2 Orders that there be determined separately and before any other matter, all questions of liability.
3 Orders pursuant to order 2 that there be judgment for the applicant on the issues in the further amended Statement of Claim.
4 Fixes the assessment of damages to take place on 5 June 2006 at 10:15am at Brisbane.
5 Reserves costs.
6 Grants the parties liberty to apply on 24 hours notice.
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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QUEENSLAND DISTRICT REGISTRY |
QUD 100 OF 2003 |
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BETWEEN: |
CONSORT EXPRESS LINES LTD (ARBN 065 374 138) APPLICANT
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AND: |
J-MAC PTY LIMITED (ACN 055 284 270) RESPONDENT
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JUDGE: |
RARES J |
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DATE: |
24 MAY 2006 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
(REVISED FROM THE TRANSCRIPT)
1 In these proceedings a hearing has been fixed, commencing 5 June 2006. Today following earlier indications that it would do so, the respondent has filed a notice of withdrawal of its defence and an amended defence so that, apart from the traverse as to damages provided for in O 11 r 13, there is no issue between the parties that requires further adjudication by the court.
2 In those circumstances it appears to me it would be appropriate to make an order pursuant to O 29 r 2 that all questions of liability be determined separately and in advance of the assessment of damages. I make that order.
3 Having regard to the withdrawal of the defence and the admissions thereby made as to the applicant's claim, I am of opinion that it is appropriate to make an order that there be judgment entered for the applicant on its claim with damages to be assessed.
4 I will, accordingly, make such an order and I will fix the assessment of damages to take place on 5 June 2006 at Brisbane.
5 I reserve costs.
6 I grant leave to the respondent to file in court an amended defence to the further amended statement of claim.
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I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Rares. |
Associate:
Dated: 15 June 2006
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Counsel for the Applicant: |
Mr S Thompson SC with Mr T Sullivan |
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Solicitor for the Applicant: |
Thynne & MacCartney |
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Solicitor for the Respondent: |
Colin Biggers & Paisley |
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Date of Hearing: |
24 May 2006 |
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Date of Judgment: |
24 May 2006 |
