Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA)
QUEENSLAND DISTRICT REGISTRY QLD No. 119 of 1984
wesw
GENERAL DIVISION
BETWEEN:
KEEN MAR CORPORATION PTY LTD, ALAN KEEN and TRUDY KEEN
Applicants AND: LABRADOR PARK SHOPPING CENTRE PTY LTD
First Respondent
HERSFIELD DEVELOPMENTS PTY LTD
Second Respondent
MINUTE OF ORDER
JUDGE: Fox J. DATE: 6 May 1988 WHERE MADE: Brisbane
THE COURT ORDERS THAT:
1. Leave be given to the applicants to file and serve a notice of appeal by 4 pm Monday 9 May 1988.
2. The costs of the respondents to this application be the respondents' costs in the proposed appeal, and if the present applicants do not file an appeal, the costs will be the respondents' costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
NOT FOR GENERAL DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) QLD No. 119 of 1984 ) )
GENERAL DIVISION
BETWEEN:
KEEN MAR CORPORATION PTY LTD, ALAN KEEN and TRUDY KEEN
Applicants
AND:
LABRADOR PARK SHOPPING CENTRE PTY LTD
First Respondent AND:
HERSFIELD DEVELOPMENTS PTY LTD
Second Respondent
CORAM: FOX J.
DATE: 6 MAY 1988
REASONS FOR JUDGMENT EX TEMPORE
FOX J. This is an application that was dated 13 April 1988 and
was apparently filed on that day for extension of time to file
and serve a notice of appeal. It is made. in reliance upon Order
52 rule 15(2) of the rules of court.
The applicants were one of three sets of applicants whose cases were heard together. They had common issues of law and fact and were dealt with by his Honour in a single judgment.
The respondents, Labrador Park Shopping Centre Pty Ltd and
Hersfield Developments Pty Ltd, were the same in each case. There were in each of the cases cross-claims by the respondent, Labrador Park Shopping Centre Pty Ltd, against the respective
applicants.
Within the time limited. for appeal, but arguably on the last day limited for filing a notice of appeal all the other parties have appealed. The respondents to the present application, who were the respondents to the present applicants' application in the original proceedings, filed a notice of appeal
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