Federal Court of Australia
JUDGMENT No. «2 Zseanal Oink
IN THE FEDERAL COURT OF AUSTRALTA
) ) GENERAL DIVISION ) No. G 473 of 1987 ) )
NEW SOUTH WALES DISTRICT REGISTRY
Between: VISA INTERNATIONAL SERVICE ASSOCIATION
Applicant
SARAH NICOLE WILSON & OTHERS
lz fon
Respondent
CORAM: Einfeld J.
DATE: 11 December 1987 FEOER A RA.
PLACE: Sydney eo JAN 2003 LIBRARY *
EX—-TEMPORE JUDGMENT
In this matter the applicant seeks an order for final relief. In accordance with the application filed in the matter, the basis on which it so moves is that the respondents, the first and fourth respondents, are in default in filing and serving their defences. The second respondent has not been served with any of the relevant process in this
matter, and I dismiss him from the suit.
Order 11, rule 19 of the Federal Court Rules provides for the filing and serving of pleadings in accordance with rules 20 to 22, of Order 11, unless the Court otherwise directs. On 30 October 1987, I continued the
injunction previously pronounced ex parte by Justice Davies, and
directed the applicant to file and serve a statement of claim and the
affidavits upon which it was proposing to rely, and stood the matter over for directions on 18 November 1987. On that date I noted that a telegram had been received from the first and third respondents seeking an adjournment for three weeks. In order to permit an application to he filed for transferring the matter to the Victorian registry of the Court the application had been originally filed for the injunctive relief on
30 September 1987.
For the reasons given on 18 November 1987, I declined to grant a three- week delay but directed that the respondents file and serve their defence to the application and any application or motion to transfer the proceedings to Victoria, and directed that the matter be listed for the hearing of that application and any other directions on 2 December 1987. I further indicated that if the respondents had failed to file their defence by 2 December 1987, as well as any application or motion to transfer the matter to Victoria, the applicant may move for default or summary judgment, and gave other directions designed to bring the effect
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