Dorf Industries Pty Ltd v The Hon. Toose, P.B. CBE QC [1995] FCA 80

CATCHWORDS PRACTICE & PROCEDURE - application to adjourn motions seeking to enter judgment against applicant - payment of costs - revival of substantive application for relief - initial claim for declaration refused for discretionary reasons - potential for prejudice to individual respondents caused by prolonging litigation. DORF INDUSTRIES PTY LTD v THE HON. P.B. TOOSE CBE QC & ORS. CORAM: RYAN J PLACE: MELBOURNE DATE: 16 FEBRUARY 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No VG 405 OF 1994 ) GENERAL DIVISION ) BETWEEN: DORF INDUSTRIES PTY LTD (ACN 004 394 923) (Applicant) AND: THE HONOURABLE PAUL B TOOSE CBE QC (who is sued on his own behalf and as representing the members of the Advertising Standards Council) (First Respondent) AND: AUSTRALIAN CONSOLIDATED PRESS LIMITED (which is sued on its own behalf and as representing the members of the Media Council of Australia) (Second Respondent) AND: NINE NETWORK AUSTRALIA LTD and GENERAL TELEVISION CORPORATION PTY LTD (Third Respondents) CORAM: RYAN J PLACE: MELBOURNE DATE 16 FEBRUARY 1995

MINUTES OF ORDER THE COURT ORDERS: 1. That the motions on notices, dated 21 December 1994 and 17 January 1995, be adjourned to a date to be fixed not before 20 March 1995; 2. That the applicants file and serve by 1 March 1995 any affidavit or affidavits on which they intend to rely in opposition to either of the motions referred to in paragraph 1 of this order, together with a notice of motion for any interlocutory relief or other directions which they seek in relation to the application herein; 3. That the respondents file and serve by 14 March 1995 any affidavit or affidavits on which either of them intends to rely in answer to any affidavit filed and served on behalf of the respondents pursuant to paragraph 2 of this order; 4. That the applicants pay the first and second respondents' costs of the interlocutory application referred to in the reasons for judgment of Ryan J of 9 December 1994 and their costs of this day, such costs to be taxed, in default of agreement, as between party and party, such taxation to occur before the taxation of any costs which may hereafter be ordered herein but without prejudice to the right of the respondents, or either of them, subsequently to seek an order for supplementary taxation and payment of those costs on an indemnity basis; and 5. That liberty be reserved to any party to apply to Ryan J on not less than 72 hours notice in writing to the other parties. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.