Federal Court of Australia
a JUDGMENT No. 4049.22...)
a LIMITED DISTRIBUTION : ' ' ' i CATCHWORDS "" ' PRACTICE AND PROCEDURE - Application for leave to appeal from to
the decision of a single judge refusing to vacate a trial date - principles to be applied - weight to be given to the views of the judge at first instance - application made to enable .
simulation of a computer system - importance of simulation in
the conduct of the trial - whether simulation within the
ordinary rules of practice and procedure adopted by the court.
Ahern v. Deputy Commissioner of Taxation (Qid) (1987) 76 A.L.R. 137
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Federal Court of Australia Rules - 0.34 t
Federal Court of Australia Act - s.25(2) C HONEYWELL HOLDINGS PTY LIMITED v, ASSOCIATED NEWSAGENTS
CO-OPERATIVE LIMITED & OTHERS - ' No. Gi056 of 1988
' Davies, Sheppard and Burchett JJ. 7 8 July 1988 Sydney
LIMITED DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G1056 of 1988 ) )
GENERAL DIVISION
BETWEEN: HONEYWELL HOLDINGS PTY LIMITED
Appellant
AND: ASSOCIATED NEWSAGENTS CO-OPERATIVE LIMITED (RECEIVER AND MANAGER APPOINTED )
First Respondent
AND: BERSAND ONLINE SERVICES PTY LIMITED
Second Respondent
AND: BERNARD J. DAWSON
Third Respondent AND: EXATRON PTY LIMITED
Fourth Respondent
CORAM: Davies, Sheppard and Burchett JJ.
DATE: 8 July 1988
PLACE: Sydney
REASONS FOR JUDGMENT EX TEMPORE
Davies J.: This is an application for leave to appeal from a decision of a single Judge of the Court who refused an application to vacate 1 August 1988 as the date of the trial of
proceedings brought by the first respondent ("Ancol"), against
ore
pow ee
wring eee eee eee
the applicant ("Honeywell") and the other respondents.
The proceedings were brought by Ancol against Honeywell and the three other respondents with respect to the supply to Ancol of a computer based videotex system. The system was intended to be accessible by newsagent members of Ancol for the purpose of keeping their accounts, for ordering supplies and for other purposes. The system was installed about April 1985 and became operational in August 1985. It was abandoned by Associated Newspapers in July 1986, being regarded by Associated Newspapers as irredeemably unsatisfactory. The maximum utilisation of the system was in March 1986 when about 100
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