Federal Court of Australia
JUDGMENT No. 2S Sy 9
sevotoncesoe
NOT_FOR PUBLICATION
FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 3444/94
GENERAL DIVISION )
BETWEEN:
FRANK ALFRED TILBURY Applicant
AND:
AOS HOLDINGS PTY LIMITED
Respondent
coma SACRE J. [? RECEIVED DATE: 10 November, 1994 16 NOV 1994
FEDERAL AusTRAG oF
PRINCIPA) REGISTRY
HIS HONOUR: In this matter a notice of motion is before the Court, filed on behalf of the cross-applicants. That notice seeks an order that the hearing of the proceedings be expedited. There are a number of other matters by way of declarations or orders sought by reference to the cross-application. These are matters in the nature of interlocutory relief. However, Mr Hutley, who appears on behalf of the applicant in the matter, has indicated that, in his view, the relief sought in paragraph 2 of the notice of motion may require many of the factual and legal
issues that would arise in the substantive proceedings to be
canvassed. Be that as it may, I think the appropriate course in the light of the evidence that has been read, is to make an order for expedition. However, I have explained to counsel representing the parties that such an order cannot carry with it any guarantee that the matter will be heard this year or indeed at any particular time early in the new year. All must depend upon the state of the Court's lists, particularly having regard to the estimate of time, which is that the hearing of the case will
occupy three days of court time.
In addition to making the order for expedition on that basis I shall direct the applicant and cross-respondents to file and serve affidavits in response to the material already served on or before 5 pm on 24 November 1994. I shall grant liberty to either party to apply on 48 hours notice. I do that on the basis that my associate will communicate to the solicitors for each of the parties by noon tomorrow what information, if any, has been ascertained as to the likelihood of the case being set down for
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