Form 33 (version 1)

Rule 36.11

JUDGMENT/ORDER

COURT DETAILS

Court                   Supreme Court of New South Wales

**Division           Equity

**List

Registry             Sydney

Case number

TITLE OF PROCEEDINGS

First plaintiff                       Bruce Mathie and Sons Pty Limited (ACN 000 813 909)

**Number of plaintiffs     1

First defendant                 Scott Daines

**Number of defendants 9

DATE OF JUDGMENT/ORDER

**Date made or given      10 November 2005

**Date entered                  11 November 2005

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 TERMS OF JUDGMENT/ORDER

By consent the Court orders that:

1. An Order that the Defendants other than the eighth defendant and each of them be restrained from in any way preventing, hindering or obstructing or interfering with free access being ingress and egress from any part of any land which is defined as State forest under the Forestry Act, 1916 in all forests within the Southern Region and Eden Region where the Southern Region means the area covered by the Southern Region Forestry Agreement between the Commonwealth and State governments and signed on 24 April 2001 and the Eden Region means the area of forest covered by the Eden Regional Forest Agreement between the Commonwealth and New South Wales governments and signed on 26 August 1999 by the Plaintiff, its servants, agents, employees, contractors and invitees.

2. An Order that the First, Third, Fourth and Sixth Defendants, and each of them be restrained. from being present and directing or instructing the carrying out of any action which has the effect or is likely to have the effect of in any way preventing, hindering, obstructing or interfering with free access being i ngress and egress from any part of any land which is defined as State forest under the Forestry Act, 1916 in all forests within the Southern Region and Eden Region where the Southern Region means the area covered by the Southern Region Forestry Agreement between the Commonwealth and State governments and signed on 24 April 2001, and the Eden Region means the area of forest covered by the Eden Regional Forest Agreement between the Commonwealth and New South Wales governments and signed on 26 August 1999 by the Plaintiff, its servants, agents, employees, contractors and invitees.

3. The Summons be otherwise dismissed.

4. Each party pay its own costs of the proceedings.

SEAL & SIGNATURE

Court seal

Signature

Capacity

Date

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PARTY DETAILS

Parties to the proceedings

PLAINTIFFS

Details of plaintiff

Company name                        Bruce Mathie and Sons Pty Limited

ACN                                          000813909

Name of director                       Phillip Bruce Mathie

Address for service                   Sparke Helmore Lawyers Level 30 Citigroup Centre 2 Park Street SYDNEY NSW 2000 DX 282 SYDNEY

Phone                                       0293733555

Fax                                            0293733599

Email                                         cpz(at)sparke.com.au

If not legally represented,

agrees to electronic service     Yes

 

Details of plaintiff's legal representative

Solicitor on the record             Carlo Zoppo

Practising certificate number

Firm                                        Sparke Helmore Lawyers

Address                                  Level 30 Citigroup Centre 2 Park Street SYDNEY NSW 2000 DX 282 SYDNEY

Telephone                              0293733555

Fax                                         0293733599

Agrees to electronic service    Yes