Australian Meat Industry Employees Union v Mudginberri Station Pty Ltd [1986] FCA 251

BD

IH_THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY

No. VG 36 of 1986

GENERAL DIVISTON

BETWEEN : THE AUSTRALASTAN MEAT INDUSTRY EMPLOYEES UNION, JACK 0O'TOOLE, TREVOR SURPLICE, DICK ANNEAR,

PAT ROUGHAN Applicants AND: MUDGINBERRI STATION PTY. LIMITED Respondent MORLING J. 23 June, 1986 EX TEMPORE REASONS HIS HONOUR: This 1S a notice of motion which, in substance, raises three matters. First, that the date for the

hearing of this matter be vacated; secondly, that the respondent give further and better discovery; and thirdly, that the applicants be given leave to administer interrogatories outside the time that has been limited

for their administration pursuant to directions given by

Mr Justice Gray on 14 April 1986.

I do not have any difficulty with the first matter. For reasons which it is unnecessary to go into this

morning 1t does seem to me to be desirable that: <phe

present proceedings be heard and determined as soon as Ue

I few! ) 30 JUN 1986

FEDEN *

to

possible. The applicants have sought to have these proceedings heard before matter No. G 123 of 1985 is concluded. They have asked me not to conclude the

hearing of that matter by delivering my reasons until

matter No VG 36 of 1986 has been heard.

When I fixed this matter for hearing on 1 July, at was my understanding that the applicants were anxious for the matter to be heard expeditiously and certainly before I decided G i123 of 1985. I had no wish to force a

premature date on them or on the respondent. I. think that date may be too early and I propose to vacate it. I

shall defer for the moment the fixation of another date

for the hearina.

As to the second matter - 1.e. the request for further and better discovery. counsel for the respondent points out that his client's affidavit of discovery was filed and served on 29 May and that no complaint was made