Robinson, N.E. v. Syefile Pty Ltd & Ors [1985] FCA 495

yee

ps THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) No. VG 248 of 1984 ) GENERAL, DIVISION )

' BETWEEN : NANCY ELEANOR ROBINSON Applicant AND: SYEFILE PTY. LIMITED

First Respondent THEO STANLEY GOREY

Second Respondent

ROLAND GOREY

Third Respondent

GILLIAN GOREY

Fourth Respondent ' 9 September 1985 ,

REASONS FOR JUDGMENT

LOCKHART J.

On 5 July 1985 this case was first specially fixed for hearing for 29 August. The trial could not then commence due to circumstances beyond the control of the parties, but the trial was

later specially fixed to commence today.

At the commencement of the hearing this afternoon counsel for the third and fourth respondents sought an adjournment of the hearing at afl

on the ground that the applicant had, as late as this morning, filed a

supplementary list of documents in the matter which referred to

pone ne

2. edocuments that on the face of the list went to critical issues in the case. Counsel for the first and second respondents joined in that

application for an adjournment.

Discussion between counsel and the Bench established that lists of documents had been filed as long ago as April this year and that inspection had taken place soon after the lists were filed. The applicant's answers to interrogatories were not sworn in fact until 27 August 1985, and filed on 4 September. Certain of the answers to

interrogatories suggested to the solicitors for the third and fourth respondents that there were documents in the possession, custody or

power of the applicant which had not been discovered.

Correspondence then apparently ensued between the solicitors which led to the filing of the supplementary list by the applicant. The reason for this unfortunate occurrence lies in an oversight by the solicitors for the applicant. Upon being informed of these matters I stood the matter down until 4.00 p.m. this afternoon so that counsel for the respondents could inspect the documents referred to in the supplementary list and consider their clients' position in the matter.