Hollier, William & Anor v Australian Maritime Safety Authority & Ors [1998] FCA 876

FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE – application for adjournment – recently discovered documents – discretion of trial judge – importance of adherence to trial date Paterson v Paterson (1953) 89 CLR 212 Browne v Dunn (1893) 6 R 67 Abalos v Australian Postal Commission (1988) 171 CLR 167 WILLIAM HOLLIER and ENGEN INSTITUTE v AUSTRALIAN MARITIME SAFETY AUTHORITY & ORS

NOS. VG 667 of 1997 and VG 116 of 1998 JUDGES: HEEREY, WHITLAM AND NORTH JJ DATE: 24 JULY 1998 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 667 of 1997

VG 116 of 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WILLIAM HOLLIER

First AppELLANT

ENGEN INSTITUTE (ARBN: A25398A)

Second APPELLANT

AND: AUSTRALIAN MARITIME SAFETY AUTHORITY

FIRST RESPONDENT

STATE OF TASMANIA

SECOND RESPONDENT

MINISTER FOR WORKPLACE RELATIONS

THIRD RESPONDENT

JUDGES: HEEREY, WHITLAM AND NORTH JJ

DATE OF ORDER: 24 JULY 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal and application for leave to appeal are dismissed. 2. The appellants have leave to file and serve written submissions as to costs on or before 31 July 1998. 3. The appellants have leave to file and serve written submissions as to costs within seven days thereafter. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 667 of 1997

VG 116 of 1998

on appeal from a judge of the federal court of australia

BETWEEN: WILLIAM HOLLIER

First Appellant

ENGEN INSTITUTE (ARBN: A25398A)