Federal Court of Australia
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JUDGMENT No. b2e/. 21.
CATCHWORDS
PRACTICE AND PROCEDURE - Application to vacate two week hearing - Basis for last minute application was late service of claim for damages - New factual field of enquiry exposed and not contested - Application for
costs of and arising out of adjournment - Both parties' casual approach
to directions of the Court - Purpose of directions hearing
CARTIGNY. PTY. LIMITED v BORDEN AUSTRALIA PTY. LIMITED
No. VG 171 of 1985
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
CORAM:
PLACE:
DATE:
No. VG 171 of 1985
Between: CARTIGNY PTY. LIMITED Applicant
And: BORDEN AUSTRALIA PTY. LIMITED Respondent
Einfeld J. Sydney
18 September 1987
MINUTE OF ORDERS
No order as to the costs of and arising out of the
adjournment.
Stood over to 9.30 am 14 December 1987 to receive an assurance from counsel expected to appear in the matter that 1t will be
ready to proceed on the hearing date.
The matter is fixed for hearing before me at 10.15 am 21 March 1988 to continue until completion, unless there is filed before 4 pm on 25 September 1987 a consent order fixing 2 May 1988 as the hearing date signed by an authorised officer of both parties and their legal representatives. Such consent order 'is also to
be given to my associate.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. VG 171 of 1985
dd
GENERAL DIVISION
Between: CARTIGNY PTY. LIMITED Applicant And: BORDEN AUSTRALIA PTY. LIMITED
Respondent
CORAM: Einfeld J.
PLACE: Sydney
DATE: 18 September 1987
REASONS FOR JUDGMENT
This matter has had a long history. There have been a total of 15 directions hearings (seven of which took place in Melbourne before the matter was transferred to Sydney) dealing with the interlocutory steps needed to prepare this matter for hearing. On 4 December 1986 Justice Wilcox gave the parties leave to approach the Registrar for a hearing date. On the basis of the parties' estimate that the case would take two weeks, the matter was fixed for hearing to commence on Monday 22 June 1987 and proceed for each of the five days of that and the following week. The Court notified the parties by letter on 5 January 1987 of these hearing dates.
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