Elsehaly, S. & Anor v Mitchell, D.R. & Ors [1988] FCA 417

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G1i60 of 1987 GENERAL DIVISION )

BETWEEN: SHAAB ELSEHALY and HASSANAT ELSEHALY

Applicants AND: DESMOND ROY MITCHELL

First Respondent AND: WAYNE MICHAEL McCRAE

Second Respondent

AND: KENNETH NOEL PENFOLD

Third Respondent

OAK BRAND PTY LTD

Fourth Respondent

TAYLOR HOLDINGS PTY LTD

Fifth Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 8 JULY 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. the foreshadowed counter-claim mentioned on behalf of the first, third, fourth and fifth respondents, if it be made, not be made in these proceedings, but be the subject of a separate proceeding;

2. the parties exchange on 27 July 1988 copies of statements of witnesses they propose to call at trial;

3. the matter be set down for trial by the Registrar on a date to be fixed by him on his being satisfied it is ready;

4. any party may apply to the Registrar for the matter to be mentioned further;

5. the costs of today be costs in the proceedings.

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

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G160 of 1987 GENERAL DIVISION )

BETWEEN: SHAAB ELSEHALY and HASSANAT ELSEHALY

Applicants AND: DESMOND ROY MITCHELL

First Respondent

AND: WAYNE MICHAEL McCCRAE

Second Respondent

AND: KENNETH NOEL PENFOLD

Third Respondent AND: OAK BRAND PTY LTD

Fourth Respondent

AND: TAYLOR HOLDINGS PTY LTD

Fifth Respondent

PINCUS J. 8 JULY 1988

EX TEMPORE REASONS FOR JUDGMENT

In this matter a dispute has arisen with respect to the interlocutory steps to be taken. After some false starts, the proceedings got under way firmly in December last year, when a final version of the statement of claim was delivered. The defences in their final versions came in in February and March and