Rigail Universal Loaders Pty Ltd v Cross Hydraulics Pty Ltd & Anor [1988] FCA 347

JUDGMENT No. . 25-1/.WSsectaon IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY } QLD G174 of 1988 GENERAL DIVISION )

BETWEEN: RIGA'L UNIVERSAL LOADERS PTY LTD

Applicant AND: CROSS HYDRAULICS PTY LTD

First Respondent AND: RAYNER STEEL LIMITED

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: , PINCUS J. DATE OF ORDER: 28 JUNE 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. the application for an order that certain machines in the possession of the first respondent be delivered by the first respondent to the receiver of the second respondent on the basis of an undertaking to return them promptly to New Zealand, be adjourned to a date to be fixed on application to the Registrar;

2. there be no order as to the second respondent's costs;

3. the first respondent's costs be its costs in the proceedings.

NOTE: Settlement and entry of Order 36 of the Federal

IN THE FEDERAL COURT OF AUSTRALIA )

QURENSLAND DISTRICT REGISTRY ) QLD G174 of 1988 GENERAL DIVISION ) BETWEEN: RIGA'L UNIVERSAL LOADERS PTY LTD Applicant AND: CROSS HYDRAULICS PTY LID First Respondent AND: RAYNER STEEL LIMITED Second Respondent PINCUS J. 28 JUNE 1988

EX TEMPORE REASONS FOR JUDGMENT

In this matter the applicant has filed a notice of

motion for interlocutory relief. On the matter coming on for

hearing, Mr Carter, who appeared for the applicant, sought what was in effect partial final relief. The relief which Mr Carter

asked for was an order that certain machines in the possession of the first respondent be delivered by the first respondent to the

receiver of the second respondent, on the basis of an undertaking

to return them promptly to New Zealand.

Counsel for the first respondent, Mr Andrews, has appeared and argued that this relief should not be given today, but that the application for it should be put over to trial. The