Equus Investment Services Pty Ltd & Ors v Pegasus Leasing Ltd & Ors [1995] FCA 314

C A T C H W O R D S

PRACTICE AND PROCEDURE - Adjournment - discretion of trial judge - role of appellate court. Adam P. Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 House v The King 55 CLR 499 Ahern v Deputy Commissioner of Taxation (1987) 76 ALR 137 Campbell Discount Company Limited v Bridge [1962] AC 600 No: SG 82 of 1994 EQUUS INVESTMENT SERVICES PTY LTD, PR MCKAY INVESTMENTS PTY LTD, EQUUS MARKETING SERVICES PTY LTD and JULIA RUTH MCKAY Appellants - and - PEGASUS LEASING LIMITED & ORS Respondent No: SG83 of 1994 EQUUS INVESTMENT SERVICES PTY LTD, PR MCKAY INVESTMENTS PTY LTD, PEGGY RUTH MCKAY, JULIA RUTH MCKAY, DAVID GOULD HARVEY and EQUUS MARKETING SERVICES PTY LTD Appellants - and - PEGASUS LEASING LIMITED Respondent BURCHETT, O'LOUGHLIN & NICHOLSON JJ. ADELAIDE 11 MAY 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) SOUTH AUSTRALIAN DISTRICT REGISTRY ) ) GENERAL DIVISION ) No: SG 82 of 1994 ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA B E T W E E N: EQUUS INVESTMENT SERVICES PTY LTD, PR MCKAY INVESTMENTS PTY LTD, EQUUS MARKETING SERVICES PTY LTD and JULIA RUTH MCKAY Appellants - and - PEGASUS LEASING LIMITED & ORS Respondent No: SG83 of 1994 EQUUS INVESTMENT SERVICES PTY LTD, PR MCKAY INVESTMENTS PTY LTD, PEGGY RUTH MCKAY, JULIA RUTH MCKAY, DAVID GOULD HARVEY and EQUUS MARKETING SERVICES PTY LTD Appellants - and - PEGASUS LEASING LIMITED Respondent MINUTES OF ORDER CORAM : BURCHETT, O'LOUGHLIN AND NICHOLSON JJ. PLACE : ADELAIDE DATE : 11 MAY 1995 THE COURT ORDERS THAT: 1. Each of the appeals be dismissed with costs. 2. Unless an application for an order to the contrary is filed and served within fourteen days, the amount paid into court as security and any interest that has accrued on that sum may be paid out to the respondents in part satisfaction of the verdict. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.