Maxims Entertainment Pty Ltd v Chinatown Enterprises Pty Ltd [2000] FCA 1485

FEDERAL COURT OF AUSTRALIA Maxims Entertainment Pty Ltd v Chinatown Enterprises Pty Ltd [2000] FCA 1485 PRACTICE & PROCEDURE – application for extension of time to file and serve notice of appeal – whether "special reasons" to extend time. EVIDENCE – dispensing with rules of – whether matters "not bona fide in dispute" at ex parte hearing of which party had notice – whether matters are only "not bona fide in dispute" if admitted.

Federal Court Rules, O 33 r 3, O 35 r 7(2)(a), O 52 r 10(2)(b), O 52 r 15(2), O 52 r 15(6), O 62 r 11

Deighton v Telstra Corporation Limited (FCA: Lee, Heerey and RD Nicholson JJ, 17 October 1997, unreported) referred to

Maxims Entertainment Pty LTd v Chinatown Enterprises Pty LTd NG 918 of 1995 KATZ J 23 OCTOBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 918 of 1995

BETWEEN: MAXIMS ENTERTAINMENT PTY LTD

First Applicant

LONG SHONG PICTURES (HK) LTD

Second Applicant

PRO-VISION ENTERTAINMENT LTD

Third Applicant

POWER WORLD PRODUCTION LTD

Fourth Applicant

RISING SUN PICTURES LIMITED

Fifth Applicant

AND: CHINATOWN ENTERPRISES PTY LTD

First Respondent

MANDARIN FILMS (AUSTRALIA) PTY LTD

Second Respondent

WING CHEUNG

Third Respondent

THO VINH HUYNH

Fourth Respondent

JUDGE: KATZ J

DATE OF ORDER: 23 OCTOBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The third respondent's application be dismissed.

2. The third respondent pay the applicants' costs of the application.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.