Federal Court of Australia
CATCHWORODS
PROCEDURE ~- Application by respondent to dismiss notice of motion
- Notice of motion had been adjourned sine die with liberty to restore on 4 days' notice - Application made by further notice of motion ~ Costs - Respondent-claimning costs - Notice of motion
adjourned upon an undertaking given by respondent.
RALKON AGRICULTURAL COMPANY PTY. LIMITED
Applicant
- and -
ABORIGINAL DEVELOPMENT COMMISSION and POINT MCLEAY COMMUNITY
COUNCIL INC.
Respondents
No. G50 of 1981 FISHER J.
ADELAIDE 11 MARCH 1986.
IN THE FEDERAL COURT OF AUSTRALIA
) )
SOUTH AUSTRALIA DISTRICT REGISTRY ) ) No. G50 of 1981 )
GENERAL DIVISION
BETWEEN:
RALKON AGRICULTURAL COMPANY PTY. LIMITED
Applicant - and -
ABORIGINAL DEVELOPMENT COMMISSION and POINT McLEAY COMMUNITY COUNCIL INC.
Respondents
il March 1986 REASONS FOR DECISION
FISHER J.: This is yet another application by way of notice of motion filed by the Aboriginal Development Commission ("the Commission") seeking in this instance an order that the application of Ralkon Agricultural Company Pty. Limited ("Ralkon") instituted by notice of motion filed on 25 June 1984 be dismissed with costs. There was, of course, no need for this further notice of motion to be filed, Ralkon's notice of motion having been on 10 July 1984 adjourned sine die with liberty to restore on 4 days' notice. The appropriate course was for the
Commission to bring the matter again before the Court on the
prescribed notice, indicating to the Court and Ralkon the further
- 3. set out the circumstances which were said to he special and which justified staying proceedings in relation to the order for costs. After discussion, during which I indicated that I could see no
ground for staying the taxation of the bill of costs, counsel for each of the respondents offered an undertaking not to enforce or otherwise execute any order for payment of costs pending the final determination of the application. There was no cross-examination of Mr. Hillock and no determination of the question whether the circumstances were or were not such as to justify the grant of a stay. Upon Ralkon indicating that it was prepared to accept this undertaking the application was, as previously related, adjourned sine die. Liberty was granted to
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