court order

fyi

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
No: (P)NSD2355/2007



CHAMELEON MINING NL
Plaintiff

MURCHISON METALS LIMITED ACN 078 257 799
First Defendant

PHILLIP FELICE GRIMALDI
Second Defendant

GREGORY BENNETT BARNES
Third Defendant

CROSSLANDS RESOURCES LTD ACN 061 262 397
Fourth Defendant

PINNACLE NOMINEES PTY LTD ACN 008 928 443
Fifth Defendant

ORDER

JUDGE:
Justice Jacobson
DATE OF ORDER:
5 February 2009
WHERE MADE:
Sydney


THE COURT ORDERS THAT:

1. The application to adduce further evidence is dismissed.
2. The plaintiff pay the costs of today’s application.

BY CONSENT, THE COURT FURTHER ORDERS THAT:

3. Order 5(c) made on 12 May 2008 be varied so that the amount of security payable by the plaintiff to the second defendant be $250,000.
4. The plaintiff provide to the second defendant additional security for costs in the amount of $29,274 on or before 3 March 2009.
5. The money being held by the Court as security referred to in orders 3 and 4 above be invested in an interest bearing account.
6. The plaintiff pay additional security of $15,000 per hearing day should the hearing extend beyond the current listing for hearing so that the Court receives a sum reflecting the duration of such extension within 48 hours of the extension being made.
7. The plaintiff provide to the third and fifth defendants additional security for costs in the amount of $225,00 as follows
(a) $112,500 by 17 February 2009; and
(b) $112,500 two weeks before hearing.
8. The proceeding be stayed as against the third and fifth defendants should the plaintiff fail to make any payment in accordance with order 1 above.
9. The third and fifth defendants have liberty to apply for additional security for their costs upon 7 days’ notice to the plaintiff.

THE COURT NOTES THAT:

1. The plaintiff has paid $220,726 by way of security for costs to the second defendant on 8 December 2008.


Date that entry is stamped:


Deputy District Registrar