Poulos, J. v. Unme Amusements P/L & Ors [1994] FCA 903

JUDGMENT No. wat Sal 2 Sian

N FOR DISTRIBUTION

FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES REGISTRY No. NG753 of 1994 GENERAL DIVISION

BETWEEN: JAMES POULOS Applicant AND: UNME AMUSEMENTS PTY LIMITED & OTHERS Respondents CORAM: SACKVILLE J. PLACE: SYDNEY F DATE: 11 NOVEMBER 1994 RECEIV y 28 NOV 1994 FEDERAL COURT Ur

AUSTRALIA PRINCIPAL REGISTRY

REASONS FOR JUDGMENT

HIS HONOUR: In this matter an application has been made by the respondents that the application for interim relief be adjourned for a period of a week or so. The respondents indicate that they are prepared in the intervening period to consent to some of the orders sought in the application, on an interim basis, in order

to preserve the position pending the adjourned hearing date.

The effect of the orders, as I understand them, would be that the billiard tables and associated equipment which form the subject matter of the litigation would remain where they presently are and would not be disposed of or dealt with in any way by the

respondents.

The evidence indicates that service of the application and statement of claim was effected upon the corporate respondent on 3 November 1994 in the afternoon, that is Thursday of last week. It appears that solicitors were served with documents relating to the second and third respondents in the afternoon of 7

November 1994, that is last Monday.

In the circumstances I think that it is reasonable that the respondents have some opportunity to formulate their responses to the application in the affidavit material that has been filed on behalf of the applicant. If it were the case that irremediable damage were caused to the applicant in the meantime then I may take a different view. However, it does not appear that any such damage will occur, particularly having regard to the offers that have been made on behalf of the respondents as