Lake Cumbeline P/L & Ors v. EFFEM Foods P/L T/as Uncle Bens of Australia [1994] FCA 721

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FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 129/90 GENERAL DIVISION )

BETWEEN:

LAKE CUMBERLINE PTY LTD & ORS

Applicant

AND:

EFFEM FOODS PTY LIMITED T/AS

UNCLE BEN'S OF AUSTRALIA CORAM: SACKVILLE J. RECEIVED PLACE: | SYDNEY 11 OCT 1994 DATE: 4 OCTOBER 1994 FEDERAL COURT OF

AUSTRALIA

PRINCIPAL REGISTRY

REASONS FOR JUD! NT

HIS HONOUR: This 1s a directions hearing which, as I understand was set down some time ago in anticipation of a hearing commencing next Monday. The hearing is scheduled to last for four weeks, but I have been told that on at least one view it may go longer. The purpose of the directions hearing was to deal with any outstanding matters that may need resolution before the hearing commences. The first matter concerns directions that were made on 12 August 1994 for the preparation of a bundle of documents. The directions contemplated that the applicants would prepare and file with the court by tomorrow, 5 October 1994, two

complete bundles of the documents duly paginated and indexed.

The orders also contemplated that those documents would be divided into sections; namely, those to be admitted by consent

and those objected to by one or more of the parties. I have now

been told that the bundles have not been prepared. However, the respondents propose to place a bundle of the documents they wish to tender in the applacant's hands by 5 pm tomorrow, that 1s 5

October 1994.

In the circumstances it seems to me that the sensible course 1s to direct the respondent to provide to the applicants two copies of the documents it wishes to be included in the bundle by 5 pm tomorrow, 5 October 1994. That should be done by providing the documents in chronological order with an index giving the date

and description of such documents.