fi YUUGMENT NO. Flee "pet ae THE FEDERAL COURT OF AUSTRALIA General Division No VG 167 of 1980 LAURAINE DIGGINS and SOUTHERN AUCTIONS PTY LIMITED and A. HUBEN C.A. SWEENEY J TRANSCRIPT OF PROCEEDINGS AT MELBOURNE ON FRIDAY, 27 MARCH 1981, AT 10.15 AM Copyright in the Commonwealth Government southdig 27.3.81 1 jgs cc lb ( \t | Redon Extract of Proceedings HIS HONOUR: It would involve adjourning the further consideration of paragraph 3 of your notice of motion to a date to be fixed and giving the parties liberty to file any further material in relation to the relief claimed in paragraph 3 at a time before the matter was heard again. The object of the adjournment is to put the court in the position where it can better understand the likely course of the trial. Have you anything to say as to why I should not make that order? MR HAZLETT: No, your Honour. HIS HONOUR: I will make that order and having made the order is there anything else in your notice of motion you want to raise, other than the question of costs? MR HAZLETT: No. HIS HONOUR: Do you want to argue the question of costs now? The costs would not relate to paragraph 3, they would relate to paragraphs 1 and 2. MR HAZLETT: I do not wish to argue those. HIS HONOUR: Do you want costs reserved, gentlemen? MR HAZLETT: Yes. HIS HONOUR: What do you say, Mr Kistler? MR KISTLER: I have no objection to those orders. HIS HONOUR: Do you want to work out a timetable together for the future conduct of the matter or is that not necessary? MR KISTLER: It should follow the normal course in these matters. HIS HONOUR: If you want some consent directions or if either party wishes directions perhaps if I stood the matter down and you might be able to tell me if you have some consent directions you seek? MR KISTLER: Yes. HIS HONOUR: In relation to the notice of motion on behalf of the respondents Southern Auctions Pty Limited and A. Huben the court orders that the questions raised in paragraph 3 of that notice of motion be adjourned to a date to be fixed and reserves the question of costs in relation to the notice of motion. Do you southdig 27.3.81 2 jgs em 2b seek any other order at the present time, subject to the question of directions hereafter? MR KISTLER: No. HIS HONOUR: I will stand the matter down so you may take whatever steps are necessary. Mr Hazlett, it might be as well if you caused something to be put on the court file which would show the course of events subsequent to the notice pursuant to section 78(b) so that any future judge dealing with the matter will know he is proceeding in the light of the happening of those events which you have told me. I will stand the rest of the matter down for the time being. southdig 27.3.81 3 jgs em 3b