Essington Developments Ltd v Historic Holdings Pty Ltd & Anor [1990] QSCFC 45

1 iU i c i / i ^ O ! S C pi No. 852 of 1990 IN THE SUPREME COURT OF QUEENSLAND FULL COURT BEFORE : Mr. Justice Demack 1 -/ Mr. Justice McPherson Mr. Justice Williams BRISBANE 7 JUNE 1990 (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Chief Court Reporter , Court Reporting Bureau.) f." Ouraau /9A 10 20 30 BETWEEN : ESSINGTON DEVELOPMENTS LIMITED -and- HISTORIC HOLDINGS PTY . LTD. -and- CIGMA INSURANCE AUSTRALIA LIMITED Plaintiff First Defendant Second Defendant 20 40 50 MR. BELL: The parties have agreed upon the following proposal : That upon the plaintiff's undertaking to file and serve a notice of appeal by 12 pm on 8 June 1990 and upon the plaintiff giving the usual undertakings as to damages, and upon the undertaking of the first defendant to pay any moneys received by it from Cigma Insurance Australia Limited pursuant to bonds exhibited to the affidavit of Gavan Henry Litfin, exhibits GHL2A and GHL2B filed in this honourable court on 5 June 1990, the first defendant undertakes to pay such moneys into court pending the outcome of the appeal or until further earlier order. That the appeal be adjourned till Tuesday with the costs of the adjournment to be reserved. We have instructions to give that undertaking on behalf of the first defendant. 60 MR. FLEMING: I have instructions to give that undertaking MR. JUSTICE DEMACK: Upon the undertakings that have been 60 -Govt. Printer, Qid. l [1990] QSCFC 45 -- 1 of 2 -- 1 10 20 30 40 50 60 1 10 20 30 40 50 60 recorded, the matter is adjourned until Tuesday, 12 June at 2.15 subject to part heard matters. Costs of the adjournment reserved. 1990 — Govt. Printer, Qid. 2 -- 2 of 2 --