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Federal Court of Australia District Registry: New South Wales Division: General No: NSD1951/2016

IN THE MATTER OF CONTINENTAL COAL LIMITED ACN 009 125 651

FANCHEL PTY LIMITED ACN 128 926 983 Plaintiff

PETER NEIL LANDAU Defendant

ORDER

JUDGE: JUSTICE GLEESON
DATE OF ORDER: 06 February 2017
WHERE MADE: Sydney

THE COURT ORDERS THAT:

1. The time for the respondent to file a notice of address for service is extended to 13 February 2017 pursuant to rule 1.39 of the Federal Court Rules 2011.

2. Judgment is reserved on the application for an order that, if the respondent is in default of order 1 of these orders, judgment will be entered against the respondent pursuant to rule 5.21(d) of the Federal Court Rules 2011 with:

(a) an order pursuant to section 197 of the Corporations Act 2001 (Cth) that the respondent pay the applicant the amount of $342,000

(b) an order that all of the amount ordered to be paid to the applicant bear interest at the rate(s) prescribed pursuant to the provisions of section 51A of the Federal Court of Australia Act 1976 (Cth) from 19 December 2014; and

(c) an order that the respondent pay the applicant’s costs on a party / party basis to be assessed using the lump-sum costs procedure.

3. The applicant to notify the respondent of these orders by sending them via email to [email protected] and by registered post to 8 Grant Street, Cottesloe, Western Australia no later than 7 February 2017

4. The matter be adjourned to 20 February 2016 at 9.30am.

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Prepared in the New South Wales District Registry, Federal Court of Australia Level 17, Law Courts Building, Queens Square, Telephone 02 9230 8567
THE COURT NOTES THAT:

A. In the event that judgment is given in favour of the applicant on the application for judgment pursuant to rule 5.21(d), the applicant may apply for quantification of the lump sum costs order at the hearing on 20 February 2017.



Date that entry is stamped: 06 February 2017