Maxwell-Smith v S & E Hall Pty Ltd [2003] FCA 953

FEDERAL COURT OF AUSTRALIA

Maxwell-Smith v S & E Hall Pty Ltd [2003] FCA 953 EUGENE MAXWELL-SMITH & INGE MAXWELL-SMITH v S & E HALL PTY LTD N 575 of 2003 MOORE J 10 SEPTEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 575 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: EUGENE MAXWELL-SMITH

FIRST APPELLANT

INGE MAXWELL-SMITH

SECOND APPELLANT

AND: S & E HALL

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 10 SEPTEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS AND DIRECTS THAT: 1. The appeal is dismissed. 2. The appellants pay the respondent's costs of the appeal. 3. The parties write to my Associate within 14 days from today indicating whether they agree to mediation taking place. 4. Subject to the parties agreeing to mediation as provided by order 3, the matter be the subject of mediation on the following basis: a) The matter be referred to a Registrar for a further directions hearing on a date to be fixed. The matter is referred with a view to reaching a mediated settlement or, failing that, a clarification of issues and appropriate further directions. b) The Registrar conducting the directions hearing may exercise all necessary powers of the Court set out in s 35A(1) of the Federal Court Act and O 10 of the Federal Court Rules. c) All discussions before the Registrar are to be on a "without prejudice" basis. 5. Subject to further order, orders 1 and 2 are not to be entered within one month of today. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 575 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA