Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rural Export and Trading (WA) Pty Ltd v Hahnheuser [2004] FCA 1053
PRACTICE AND PROCEDURE – application for stay of proceeding – pending criminal charges relating to same facts – whether stay automatic – absence of affidavit material – whether real prospect of substantial prejudice PRACTICE AND PROCEDURE – proper place – transfer – absence of affidavit material – whether applicant's choice of venue displaced – case management – management of trial Federal Court of Australia Act 1976 (Cth) s 48 Trade Practices Act 1974 (Cth) s 45DB Federal Court Rules (Cth) O 10 r 1(2)(f)
McMahon v Gould (1982) 7 ACLR 202 applied Baker v Commissioner of Federal Police [2000] FCA 1339 (2000) 104 FCR 359 referred to Cameron's Unit Services Pty Ltd v Kevin R Whelpton & Associates (Australia) Pty Ltd (1984) 4 FCR 428 Golden City Car & Truck Centre Pty Ltd v Deputy Commissioner of Taxation [1999] FCA 922 (1999) 42 ATR 379 referred to National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 19 FCR 155 applied RURAL EXPORT AND TRADING (WA) PTY LTD AND SAMEX AUSTRALIAN MEAT CO PTY LTD v RALPH HAHNHEUSER AND ANIMAL LIBERATION SA INC V 495 of 2004 GRAY J 16 JULY 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 495 of 2004
BETWEEN: RURAL EXPORT AND TRADING (WA) PTY LTD
FIRST APPLICANT
SAMEX AUSTRALIAN MEAT CO PTY LTD
SECOND APPLICANT
AND: RALPH HAHNHEUSER
FIRST RESPONDENT
ANIMAL LIBERATION SA INC
SECOND RESPONDENT
JUDGE: GRAY J
DATE OF ORDER: 16 JULY 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The motions, the subject of the notice of motion filed on 15 June 2004, be dismissed. 2. The respondents pay the applicants' costs of the motions, including the costs of the adjournment on 28 June 2004. 3. The applicants file and serve any amended statement of claim on or before 23 July 2004. 4. On or before 26 August 2004, the respondents file and serve a defence. 5. The directions hearing be adjourned to 30 August 2004 at 10.15 am Melbourne time by videoconference with Adelaide.
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