Kent v SS 'Maria Luisa' [2002] FCA 629

FEDERAL COURT OF AUSTRALIA

Kent v SS "Maria Luisa" [2002] FCA 629

PRACTICE & PROCEDURE – discovery. Admiralty Act 1988 (Cth) s 19 GREGORY DAVID KENT v THE FISHING VESSEL "MARIA LUISA" AS SURROGATE FOR THE VESSELS "MONIKA" AND "BOSTON BAY" NO. N 467 OF 2001 BEAUMONT J 7 MAY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 467 OF 2001

BETWEEN: GREGORY DAVID KENT

PLAINTIFF

AND: THE FISHING VESSEL "MARIA LUISA" AS SURROGATE FOR THE VESSELS "MONIKA" AND "BOSTON BAY"

DEFENDANT

JUDGE: BEAUMONT J

DATE OF ORDER: 7 MAY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The hearing dates currently set down for 3rd and 4th June 2002 be vacated and a hearing date be fixed on 30th and 31st May 2002 at 10.15 am for both the Notice of Motion filed by the Defendant on 25 May 2001 and the Notice of Motion filed by the Plaintiff on 1 June 2001. 1. Everdene Pty Ltd file and serve a verified Supplementary List of Documents giving discovery of the documents falling within the categories set out in the Schedule (except for par 10) by 21 May 2002. 1. Everdene Pty Ltd make the documents referred to in the Supplementary List available for inspection by 23 May 2002. 1. Leave be granted to the Plaintiff to administer a Notice to Answer Interrogatories in the form of the draft amended and initialled Notice filed in court on 7 May 2002. 1. Everdene Pty Ltd file and serve verified answers to interrogatories by 21 May 2002. 1. The matter be stood over to 24 May at 9.45 am. 1. Costs reserved. 1. Reserve liberty to Plaintiff, if so advised, to apply on 24 May 2002 for an order for further discovery in the terms of par 10 in the Schedule as amended. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.