just read weekend fin review re opes, page-29

01/10/2008
D-CON99
Consent - free text order specific to case

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
No: (P)VID206/2008



BECONWOOD SECURITIES PTY LTD ACN 005 877 109
First Plaintiff

BECONWOOD LTD ACN 117 283 191
Second Plaintiff

ANZ BANKING GROUP LIMITED
First Defendant

OPES PRIME STOCKBROKING LIMITED (RECEIVERS & MANAGERS APPOINTED)(ADMINISTRATORS APPOINTED) ACN 086 294 028
Second Defendant

SALVATORE ALGERI
Third Defendant

CHRISTOPHER CAMPBELL
Fourth Defendant

ANZ NOMINEES LTD ACN 005 357 568
Fifth Defendant

ORDER

JUDGE:
Justice Finkelstein
DATE OF ORDER:
1 October 2008
WHERE MADE:
Melbourne


THE COURT ORDERS BY CONSENT THAT:

1. The first and fifth defendants be granted leave pursuant to section 440D of the Corporations Act 2001 (Cth) to file and serve a counter-claim in the above matter in the form of the proposed counter-claim included in the defence and counter-claim dated 28 August 2008 against the second defendant subject to the conditions set out in paragraphs 2 and 3.

2. The counter-claim be stayed and tried separately from and subsequent to the hearing of the plaintiffs’ claims against the first, second and fifth defendants.

3. The parties take no steps in relation to the counter-claim prior to the determination of the plaintiffs’ claims against the first, second and fifth defendants.