Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd [2006] FCA 920
PRACTICE AND PROCEDURE – application for adjournment of trial – application brought on first day of trial – whether considerable volume of material being put before a party in the days before trial (which might also have indicated that further relevant evidence had not been disclosed) gave rise to a need to adjourn the trial Held: Adjournment allowed - on balance it would be unjust to refuse the adjournment
Dawson v Deputy Commissioner of Taxation (1984) 56 ALR 367 cited Sarunic Brothers Pty Ltd v AFG Insurances Ltd, unreported Full Court Supreme Court of South Australia, 12 March 1984 cited The State of Queensland v JL Holdings Pty Ltd (1996) 189 CLR 146 cited CITRUS QUEENSLAND PTY LTD, PETER MICHAEL TRACY AND SUNSTATE CITRUS PTY LTD v SUNSTATE ORCHARDS PTY LTD, ANDREW COLIN STRAHLEY AND DAVID BREED QUD 400 OF 2005
COLLIER J
18 JULY 2006
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 400 OF 2005
BETWEEN: CITRUS QUEENSLAND PTY LTD
First Applicant
PETER MICHAEL TRACY
Second Applicant
SUNSTATE CITRUS PTY LTD
Third Applicant
AND: SUNSTATE ORCHARDS PTY LTD
First Respondent
ANDREW COLIN STRAHLEY
Second Respondent
DAVID BREED
Third Respondent
JUDGE: COLLIER J
DATE OF ORDER: 18 JULY 2006
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The trial is adjourned until Friday 21 July 2006 at 10.15 am for further directions. 2. Costs to be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 400 OF 2005
BETWEEN: CITRUS QUEENSLAND PTY LTD
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