Equus Financial Services Ltd v HGT Investments Pty Ltd [1998] QSC 35

IN THE SUPREME COURT OF QUEENSLAND No. 1689 of 1991 BETWEEN: EQUUS FINANCIAL SERVICES LIMITED Plaintiff AND: HGT INVESTMENTS PTY LTD Defendant No. 1690 of 1991 BETWEEN: EQUUS FINANCIAL SERVICES LIMITED Plaintiff AND: BARRY THORNTON Defendant No. 1691 of 1991 BETWEEN: EQUUS FINANCIAL SERVICES LIMITED Plaintiff AND: BRIAN JAMES PRENDERGAST Defendant No. 1692 of 1991 BETWEEN: EQUUSCORP PTY LIMITED (FORMERLY EQUUS FINANCIAL SERVICES LIMITED) Plaintiff AND: CYRIL WILLIAM ANDERSON Defendant ORDER JUDGE - MOYNIHAN J. Date of order 20 March 1998 It is ordered that: 1. The plaintiff have leave to proceed. -- 1 of 3 -- 2 2. The plaintiff have leave to join Rural Finance Pty Ltd (Receivers and Managers appointed) (in liquidation) as a plaintiff in the action from 28 May 1997. 3. The plaintiff have leave to amend its specially endorsed writ in accordance with ex. SF9 to the affidavit of Susan Forrest sworn and filed on 5 February 1997 in action 1688 of 1991. 4. The plaintiff is to deliver a copy of the amended writ within 7 days of the date of this order. 5. The defendant deliver any amended defence and counterclaim within 10 days of delivery of the amended writ. 6. The plaintiff deliver any reply and answer within 10 days of delivery of the amended defence and counterclaim; 7. Any particulars of amended pleadings are to be sought within ten days of the close of pleadings and supplied within 10 days of receipt of the request. 8. Discovery and inspection is to be concluded within 21 days of the close of pleadings or the supply of particulars, whichever is the later. 9. The parties are to certify that the matter is ready for trial and file the certificate within 7 days of the completion of the steps in the preceding parts of this order. 10. Unless the amounts are agreed sooner, 21 days prior to the date set for trial the plaintiff is to file and serve an affidavit by an appropriate person of each defendants indebtedness as at the date of the trial containing succinct particulars of the basis of the calculation and 7 days later the defendant is to notify whether the deponent is required for cross- examination. In the event of no notification, the affidavit shall constitute the evidence without the need to call the witness. In the event of notification, the affidavit shall constitute the witnesses' evidence -in-chief -- 2 of 3 -- 3 11. 10 days prior to the trial the parties are to lodge a single consolidated final bundle of documents in compliance with Practice Direction 15 of 1996, Annexure B, paragraph 8. The bundle should identify the documents common to all actions and those relating to particular actions in some convenient way. 12. There is to be strict compliance with the terms of this order. 13. Liberty to apply on 5 days notice. 14. The costs of the application is each parties' costs in the cause save that the plaintiff is to pay half the defendants' costs of the application to join Rural and thrown away by the joinder to be taxed. 15. The original initialled order will be placed in the file in action 1689 and a copy on the file in actions 1690, 1691 and 1692 of 1991 as the order made in each action. -- 3 of 3 --