Australian Mutual Provident Society v Amalthes Nominees Pty Ltd & Ors [1990] QSC 343

10 20 30 40 50 60 IN THE SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION No. 433 of 1989 BEFORE MR. JUSTICE MACKENZIE REVISED COPIES ,ISSUEL 7 Court Reporting Bureau ; BRISBANE, 17 SEPTEMBER 1990 ! Date, ~-~_9~-- J (Copyright in this transcript is vested in 10 the Crown. Copies thereof must not be made 5 0 9 · 3.<,;:. ~ or sold without the written authority of the Chief Court Reporter,Court Reporting Bureau.) BETWEEN: AUSTRALIAN MUTUAL PROVIDENT SOCIETY -and- AMALTHEA NOMINEES PTY. LTD. -and- ALFRED GEORGE MOUFARRIGE -and- SERVCORP LIMITED ORDER HIS HONOUR: I will note on the record that Plaintiff First Defendant Second Defendant Third Defendant Mr. Gallagher has indicated that he is now instructed to consent to an order for specific performance and it is my intention to make an order broadly in terms of paragraph 2 of the minutes of judgment attached to the sULtfillons for summary. judgment, filed on 7 March_ 1989, subject to the following amendments: that the document wi_ll be ~~scribed as the llthird le_ase as .s1Jbmitted" in Ex. "Z'.' herein .rathe:i:-.c-tm~n HExhibifr :,G,:. to the affidavit of Graham John MacDonald"and that the document itself, the" third lease. as. submi t~ed "will be amended by deleting "Volume 5809 Folio 41" in paragraph 6 on the first page and inserting in lieu thereof "Volume 7404 Folio 65." 1 20 30 40 50 60 -- 1 of 2 -- 10 20 30 40 50 60 I also propose to make an order for costs, including reserved costs, against the defendants and, having regard to the nature of the matter and the course it has taken, I will certify for two counsel and also give liberty to apply. When the draft order is supplied to my Associate, if it conforms to those indications, I will initial it and place 4 it withfthe papers . .~ MRC LYONS: Thank you, Your Honour.\ HIS HONOUR: I take it that both counsel will indicate that they are happy with the order? MR. GALLAGHER: Thank you, Your Honour. HIS HONOUR: Anything else, gentlemen? MR. GALLAGHER: No. ,/·~·;t 7 ;, ·-- Qld. 2 10 20 30 40 50 60 -- 2 of 2 --