Parkes Rural Distributions Pty Ltd v Balfour, R.J. [1987] FCA 419

NOT FOR GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G.216 of 1987 ) )

GENERAL DIVISION

BETWEEN: PARKES RURAL DISTRIBUTIONS PTY LIMITED

Applicant

AND: RICHARD JOHN BALFOUR -

Respondent

CORAM: WILCOX J PLACE: SYDNEY DATE: 16 JULY 1987 "

MINUTES OF ORDER

THE COURT ORDERS THAT:

l. The application seeking relief under s.15 of the

Administrative Decisions (Judicial Review) Act be

dismissed.

2. The applicant pay to the respondent his costs of the |

application.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

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NOT FOR GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. NSW G.216 of 1987

wee ww

GENERAL DIVISION

BETWEEN: PARKES RURAL DISTRIBUTIONS PTY LIMITED

Applicant

AND: RICHARD JOHN BALFOUR

Respondent

CORAM: WILCOX J PLACE: SYDNEY DATE: 16 JULY 1987

EXTEMPORE REASONS FOR JUDGMENT

There is before the Court an application which was, by leave, filed on 14 July seeking relief under s.15 of the Administrative Decisions (Judicial Review) Act 1977 in connection with an Application under that Act which is sought to be filed if an extension of time is granted. The application for an extension of time was filed on 20 May 1987, and to that document was attached the form of Application

which it was desired to file if an extension were granted.

ee Te ate

That application for extension came before Burchett J on 29 May 1987. By arrangement, the matter was mentioned in chambers before his Honour on 2 June 1987, when 24 August 1987 was appointed for the hearing of the extension of time. In the meantime, as I have said, an application has been made for an interim order under s.15 and this application was debated

this morning.

The relief which is sought is an order restraining the respondent, Richard John Balfour, from proceeding with prosecutions against the applicant, Parkes Rural Distributions Pty Limited -- which are identified by the numbers 5005D, 5006D, 5007D, 5009D and 5011D -- at the Local Court, 302 Castlereagh Street, Sydney. Those prosecutions are currently intended to be listed for hearing next Monday, 20 July 1987;